Thesis (doctoral)--Universität St. Gallen, 2007. / Includes bibliographical references (p. xlix-lxix) and index.

The purpose of this thesis is to introduce and analyse the regulatory means of the so-called Chinese walls in banking sector. This is done by examining the Czech Banking Law, but also through comparison of the mechanism of Chinese walls to alternative methods of regulation, as well as by presenting of two practical studies dedicated to Chinese walls. As mentioned, the focus is placed on Czech legislation, however, we do not omit various alternative abroad regulatory approaches used in the past or indeed planned to be passed in the nearest future. The reason for the research is our interest in banking law and this form of regulation of insider trading. The thesis is composed of Introduction, three numbered chapters and Conclusion. Each of the chapters deals with different aspects of the thesis' topic. Introduction briefly explains the different issues that are to be discussed further. In Chapter One, we firstly explain our position on what indeed is the reason the Chinese walls have been introduced to the Czech legal system. After that, we mainly concentrate on the Czech banking legislation, thoroughly analysing its numerous legal aspects. In the end of this chapter, as the result of our analysis, we present our amended version of the law with the recommended changes. Chapter Two describes a brief...

This diploma thesis deals with the topic of banking contracts. Banking contracts can be specified as contracts typically closed by the bank, along its business activity. The aim of this thesis is an analysis of an effective legal regulation of banking contracts. As from the point of common features of banking contracts, then also from the point of view of individual contract types. Although the diploma thesis is elaborated based on effective legal regulation of the Act No. 89/2012 Coll., the Civil code. The author tries, within the frame of each section, bring attention to the most important changes in comparison with the present legal regulation. The thesis is divided into two parts. The first one is dealing with common characteristic of banking contracts. The author defines the idea of bank contracts, summarizes relevant legal regulations and defines contracting parties. Intensified attention is given to a bank as to a typical subject, closing banking contracts on the side of the service provider on one side and to a consumer as a receiver of these services, based on his better protection on the other side. At the first section, the author also analyses contracts of adhesion. Because banking contracts very often obtain forms of the general and the blank contracts, the essay on these types of...

Thesis (M.C.P.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 1980. / MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH. / Includes bibliographical references. / by Susan Elizabeth Jaster. / M.C.P.

This dissertation investigates the capacity of states to limit regulatory circumvention in financial markets. The recent financial crisis has confirmed the widespread abuse of regulatory frameworks by the banks to their advantage, testing the limit of the permitted. The loophole behaviour of financial market actors, exploiting the rigidity of rules is unstoppable, given the impossibility to specify all possible events in rules. This essential fact of financial market regulation in itself is not the topic of this dissertation. The question instead is, given these conditions, how can state agencies limit this behaviour? By investigating the evolving regulatory treatment of a segment of the shadow banking sector driven by regulatory arbitrage in four different countries, this dissertation seeks to establish a comparative answer. In the investigated case of off-balance sheet financing, regulatory arbitrage occurred at the overlap of banking regulation and accounting regulation, a strategic location chosen to escape regulation. Asset-Backed Commercial Paper conduits, the financial innovation studied were structured at the margins of existing accounting regulation to avoid on-balance sheet status. They were also structured to be at the margins of banking regulation, in order to avoid regulatory costs. As they were structured just outside the margins of global banking accords, they were forcing regulators to take a national regulatory stance in the regulation of a global market. These constructs were "stitched on the edge" of existing regulation, always seeking to exploit weaknesses of regulation and of the gatekeepers seeking to enforce it. Auditors didn't have a weapon against new constructs as the rules were missing and national regulators had difficulties dealing with these new constructs because they were not regulated globally. The "cutting edge" of financial innovation in this case referred to the edges of regulation. How did state regulator react to this game of the tortoise and the hare? How can we explain the relatively successful regulation of this sector in two countries (Spain and France) and its failure in Germany and the Netherlands? The fourth chapter investigates the dialogue between audited and auditors regarding off-balance sheet decisions and ask how the auditors' voice in this realm could be strengthened in order to limit regulatory circumvention. Strengthening the negotiation power of the auditor through principles based accounting standards is identified as an important tool to contain regulatory arbitrage in the dialogue between banks and their auditors. The fifth chapter asks why we see the introduction of such accounting rules and their use for banking regulation in France and Spain, whereas they are either not introduced at all or not used for banking regulation in the two other cases. It is shown that the engagement of the banking regulator is a decisive intervening variable in the process. It is pointed out that the reconfiguration of national accounting standards setting networks amidst the transnational pressures emanating from an international standard setting body had a strong impact on the differential capability of banking regulators to influence this process. In the sixth chapter, the monitoring and enforcement of auditing decisions in the different countries are investigated, showing that principles based standards without strong regulatory monitoring and intervention was prone to failure. It is shown that the absence or engagement of banking regulators in these processes made a difference as to how prudently banking conglomerates demarcated their balance sheets and represented the risks they were taking. The seventh chapter finally situates the national evolution of regulatory treatments in the (lagging) international response to regulatory arbitrage in the field of securitization. It makes the point that deficiencies in the regulation of the sector were known internationally almost a decade before new international regulation was enforced and shows that in the interim period concerns over national competitiveness often inhibited the stringent regulation of this global market on a national level. The findings of the study reveal the necessary legal capacities and technical capabilities regulators need to hold to spot regulatory circumventions at the margins and at the overlap of regulations. They point to a holistic approach to regulation, which does not only include the application of rules to certain data material but also the control of the construction of that data material itself. It also brings to the fore the tensions between the national and the global level of regulation located at the edges between the two. In these interstices, we can find permitted/ approved regulatory arbitrage as national regulators choose to protect the competitiveness of their banks in a global market, rather than imposing a prudent view nationally.

nÃo hà / Esta atividadeacadÃmica tem como objetivo propor programa e metodologia inovadores para o ensino de Direito BancÃrio. Ela faz um retrospecto histÃrico do ensino jurÃdico desde a chegada de Dom JoÃo VI ao Brasil,em 1808, pontuando as mudanÃas ocorridas ao longo de dois sÃculos. Foca a atenÃÃo sobre a Teoria dos Bancos Centrais, discorre sobre a necessidade de um banco central terautonomia ou independÃncia, alÃm de apreciar o exercÃcio de suas funÃÃes, o que sugeriria competÃncia e legitimidade para propor regras estÃveis para o funcionamento do mercado.Em decorrÃncia, expÃe questÃes norteadoras e enuncia, como pressuposto que os atuais programas de Direito BancÃrio nÃo se coadunam com o rigor cientÃfico exigÃvel nem com as necessidades do mercado, por nÃo serem capazes de ensinar regras estÃveis que tornem o mercado confiÃvel.PropÃe, tambÃm, que a metodologia de avaliaÃÃo adequada ao processo de lecionar o conteÃdo definido para a disciplina seja a avaliaÃÃo formativa, capaz de aferir o grau de desconhecimento dos assuntos propostos em novo programa para a disiciplina. A pesquisa empÃrica, de natureza qualitativa, emprega fontes primÃrias e secundÃrias. Foi utilizada uma amostra de dezesseis ex-alunos da disciplina de Direito BancÃrio da Faculdade de Direito da Universidade Federal do CearÃ. Embora o entendimento geral denote que haja abordagem cientÃfica dos temas, a conclusÃo revela que a metodologia empregada se mostra inadequada à compreensÃo dos temas que envolvem, atualmente, o DireitoBancario.Isso pode ser verificado pela pesquisa direta efetuada em vÃrios programas que adotam essa disciplina em alguns paÃses,os quais demonstram estar defasados para a preparaÃÃo do futuro profissional de Direito que và atuar no campo do Direito BancÃrio.Resulta, entÃo, num novo programa a ser executado com o emprego da avaliaÃÃo formativa, como validaÃÃo do pressuposto. Palavras-chave: AvaliaÃÃo formativa. Direito BancÃrio. Ensino Superior. / This doctoral research aims to propose an innovative teaching methodology for the banking law discipline. It is made a historical retrospect about legal education since the arrival of Dom JoÃo VI in Brazil in 1808, highlighting the changes over time. Focuses attention on the Theory of Central Banks and debates about the necessity of a central bank to have full autonomy, independence to develop its functions in order to be free to propose stables rules for the operation of market as a condition sine ne qua non.As a result of this premises, puts guiding questions to this study and states as a working hypothesis that current programs of Banking Law are inconsistent with the required scientific rigor and the needs of the market by not being able to teach stable rules that make the market reliable. It proposes a new content program for the discipline and suggests thatthe appropriate methodology for teach the necessary content is formative assessment that is capable of diagnose the deficiencies of the students and propose strategies to address them. The research is qualitative and empirical, uses primary and secondary sources. A sample of sixteen former students of the discipline Banking Law of the Federal University of Cearà took part in the study. Although the overall finding is that there is relevant scientific approach to the themes, the conclusion is that the methodology is inadequate understanding of the issues are outdated for the preparation of future professionals of banking law that go act in the market. This could be verified by direct research in various programs adopted in many countries. As conclusion, the hypothesis has been validated. Then, a new program is proposed by this study to be evaluated with the use of formative assessment. Key-words:Formative assessment, Banking Law , Higher Education

La thèse part du postulat selon lequel, le système bancaire est la clé de voûte du financement de la croissance. La réglementation bancaire est prise comme outil d'optimalisation du système bancaire de la zone CEMAC récemment impactée par une forte baisse des recettes pétrolières depuis 2014. Les institutions sous-régionales ont adapté leurs politiques afin de contribuer au renforcement du secteur bancaire et d’assurer la stabilité du secteur financier pour garantir une croissance économique pérenne et apporter du développement dans la sous-région. L’amélioration de la gouvernance bancaire, le renforcement de l’implication des banques dans le financement de l’économie de la zone, l’encadrement et le contrôle de l’activité bancaire, ainsi que le respect des normes qu’elle prévoit sont autant d’éléments nécessaires à la bonne maîtrise des risques systémiques et à la sécurité juridique du déposant. Ce qui a pour effet in fine de garantir la stabilité bancaire et économique de tout État et favoriser sa croissance. En dépit d’un faible taux de bancarisation et d’une microfinance active, le système bancaire de cette communauté économique est à la recherche du modèle normatif qui lui siéra. Ce dernier devra lui permettre de relever le double défi du financement du développement par l’inclusion bancaire et de la bancarisation. Pour ce faire, il faut s’interroger sur le rôle de la banque centrale BEAC dans la poursuite de ces objectifs et l’inadéquation du monopole bancaire dans la zone CEMAC. La présente étude se propose d'examiner les spécificités des normes bancaires de la sous-région et d'identifier les réformes juridiques à entreprendre. La refonte juridique envisagée offrira aux Etats de la zone les clés d'une croissance économique pérenne. Elle favorisera le développement de la zone grâce à un secteur bancaire optimal. / CEMAC State members have recently experienced a strong economic growth. However, their relatively high rate of population growth is driving them to accelerate their GDP in order to create enough jobs, especially for the youth. This thesis is based on the premise that a banking system is key to financing growth. The goal is therefore to determine the keys to sustainable economic growth in this particular region. The improvement of banking governance, the strengthening of banks involvement in the financing of the economic zone, the supervision and control of banks activity and the compliance with its standards regulation is necessary to avoid systemic risks and to preserve the security of the depositors which ultimately guarantees the banking and economic stability of a State and enhances its growth. Despite a low rate of bancarization and active microfinance, the sub regional banking system is looking for a legal framework that will enable it to meet the challenge of financing development through banking inclusion and bancarization. In order for it to happen, we must consider the role of the BEAC in pursuing these objectives and the obsolescence of the banking monopoly in the CEMAC zone.

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)

Humboldt-Univ., Diss.-2006--Berlin, 2005. / Literaturverz. S. 207 - 211.

Zugl.: Mainz, Universiẗat, Diss., 2008/2009.