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This thesis has examined the effectiveness of the administration of the Indiana Uniform Consumer Credit Code by the Indiana Department of Financial Institutions. The overall effectiveness was analyzed in terms of three broad criteria: (1) the ability of the regulatory provisions of the law to be correctly interpreted and applied; (2) the prospective ability of the enforcement mechanisms of the law to halt, restrain, redress the effect of, and deter violations; and (3) the willingness of the administrative agency to efficiently and effectively utilize the administrative powers and perform the administrative duties delegated to it. Each was scrutinized independently in preparing the findings for and deriving the conclusions from this study.The writer found that the Code was extremely complex and difficult to interpret; that the enforcement mechanisms were far from ideal; and that the Department generally failed to compensate for these weaknesses as shown by the unaggressive utilization of its administrative powers and the complete failure to carry out certain of its administrative duties.

No description available.

Magister Legum - LLM

Companies around the world have collected enormous amounts of data at the customer level, and are using different methodologies to understand their customers’ behaviour. However these different methodologies have not been effective in leveraging customer information. In this study, by computing Customer Lifetime Value (CLV) scores for individual customers of a banking organisation, two segments namely high CLV and low CLV are mined. The level of indebtedness among customers in this study is identified based on the two segments mentioned above. Also in this study, a critical analysis of the literature on the association of CLV and Over-indebtedness is provided. The results indicate that the low CLV customers are less likely to end up over-indebted. This finding negates the common viewpoint that low CLV and over-indebtedness variables are associated. A quantitative research design was chosen above a qualitative research design for this study. CLV scores for individual customers are calculated using Hwang (2004) model and a Chi-squared test is used for the hypothesis testing of the research propositions. Based on the findings and conclusions drawn from this study, several recommendations and further future research are made. / Dissertation (MBA)--University of Pretoria, 2014. / zkgibs2015 / Gordon Institute of Business Science (GIBS) / Unrestricted

A research report submitted in accordance with the requirements of the degree of Masters of Management in the Field of Public Policy (MMPP) in the Wits School of Governance (WSG), Faculty of Commerce, Law and Management at the University of the Witwatersrand, October 2017 / Even though South Africa is living in what is referred to as a constitutional democracy which is defined within the context of its Bill of Rights contained in Chapter 2 of the Constitution of the Republic of South Africa Act, 1996 (the Constitution) which is advocating for promotion of human rights, the country still finds itself in a situation where the ideals and objectives of this Constitution are still often regarded as unachievable by ordinary citizens. The Bill of Rights seeks to promote and protect full enjoyment of the rights contained in the Constitution and requires the state to realise this by developing progressive legislation and other reasonable measures for the achievement of the above, within the backdrop of the social and economic transformation purpose of the Constitution. The success and therefore the benefit of the Bill of Rights can only be calculated within the prism of policies and legislation developed in line with this Constitution and how these are implemented by those who have been mandated to do so / MT 2019

The primary objective of this research was to examine the potential impact of financial deregulation on capital availability in nonmetropolitan areas of Virginia by determining whether bank behavior and performance vary by the institutional structure of the bank. The research approach combines a case study analysis of bank decision making with an aggregate analysis of operating ratios that are important indicators of bank performance. The lexicographic ordering technique is used to test the behavioral hypothesis that rural banks affiliated with a multi-bank holding company have the same operating goals as rural independent unit banks. The corollary behavioral hypothesis that rural affiliate banks have the same operating flexibility as rural independent banks was tested by using the case studies to identify the administrative level at which policies are set and the influence of local conditions on the policy making process. The hypothesis that the market performance of rural affiliate banks is the same as that of independent banks was tested by using discriminant analysis to determine the statistical significance of bank operating ratios in distinguishing between rural affiliate banks from rural independent banks. The test of the behavioral hypothesis provided limited evidence of differences in the operating goals of rural affiliate and independent banks and, therefore, the behavioral hypothesis was not rejected. The case studies identified important differences in operating flexibility, with independent bankers having greater flexibility in decision making. Therefore, the corollary behavioral hypothesis was rejected. The results of the discriminant analysis showed no striking performance differences, providing no basis for rejecting the performance hypothesis. However, two ratios were important in separating independent banks from affiliate banks. The equity capital/total assets ratio and the agricultural loans/total loans ratio were higher for independent banks. This study also identified a difference in the potential range of services offered by the banks, with affiliates able to utilize the full range of financial and human resources of the holding company to meet local capital needs. This study identified differences between independent banks and affiliate banks that result from their differing institutional structures. These differences will most likely persist in a post-deregulation environment and suggest that financial deregulation may affect future capital availability in nonmetropolitan areas of Virginia. / Ph. D.

University of Macau / Faculty of Law

LL.M. (Commercial Law) / Applications for prohibitory injunctions or interdicts against payment under documentary credits are seldom awarded. However, both English and South African law provide alternative forms of relief. These alternative orders focus on how the beneficiary deals with the proceeds of the credit rather than the prevention of payment thereof. One such alternative is the Mareva injunction of English law which, through freezing the beneficiary’s assets, prevents the removal thereof from the area of the court’s jurisdiction once judgment is given. The South African equivalent of the Mareva injunction is known as the anti-dissipation interdict and has yet to be applied to the law of documentary credits by the South African courts. However the South African attachment application has been so applied. Therefore this dissertation seeks to conduct a comparative analysis between South African and English law Marevatype injunctions on the proceeds of documentary credits, focusing especially on the judgments handed down in Intraco Ltd v Notis Shipping Corporation of Liberia and Ex Parte Sapan Trading (Pty) Ltd. Chapters Two, Three and Four will explore the nature, development, requirements and effects of the injunctions and interdicts through local and international case law as well as the prospects of a successful application under each. Finally Chapter Five will critically analyse, comment and draw conclusions from Ex Parte Sapan Trading (Pty) Ltd.

The National Credit Act aggressively addresses problems in the South African credit market. The purpose of the NCA is to promote socio-economic and ethical values that will serve to protect consumers, through the application and enforcement of various laws. The research was conducted in the Durban area. Literature was surveyed with the aim to determine the views of Durban consumers concerning the National Credit Act. The study adopted an exploratory and quantitative research method using a survey (questionnaire) as its main data-collection instrument. This was administered via email. The sampling technique used is a non-probability sampling with a target population comprising of natural persons in the Durban area, who have been affected by credit. Data were analysed using the SPSS statistical package, which was appropriate for this research since its nature was quantitative rather than qualitative. Significance and correlations were the basis of the data analysis in this research and cross-tabulations were used in order to enable presentation of results. Only the variables that were relevant to the research questions were used for further analysis after the significance tests were done. The findings on the research reflected that most of the respondents had higher education degrees, which indicated that the research covered well-educated people; most respondents were satisfied with the way the NCA was explained when it was introduced, although the research highlighted a need for further consumer awareness of the Act to eliminate major default. Some recommendations that include the further research on the same topic with a larger sample were made. It is concluded that it is necessary to make improvements on the Act. / MBA. University of KwaZulu-Natal, Durban 2013.