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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Legal risk associated with electronic funds transfer

Abdulah, Samahir January 2014 (has links)
The past thirty years have seen rapid advances in the technological component of banking services and as a consequence new legal issues have come to the fore, especially with regard to Electronic Fund Transfers (EFTs) which are now used to transfer money around the world, and have made fund transactions between payers and payees easier, faster and more secure. The method involves risks for both banks and customers, due to the possibility of unauthorized payments risks, credit and insolvency problems, and confidentiality issues. Most contracts and obligations now depend on the new technology, although there is a variety of methods for dealing with the concomitant risks. EFTs share a number of similarities with paper-based funds transfers in regard to methods of regulation, and the careful observer can identify patterns and themes. Today, the business world depends heavily on EFT systems for its procedures; and government and academia have also taken a keen interest in EFTs. This thesis reviews and examines the existing legal position of liability of banks and customers for risks associated with EFT transactions: unauthorized EFT instruction and the problem of customer identity, credit risk and privacy, especially, the systems employed for safeguarding the customer’s transactions and data. The thesis also makes recommendations for change. The rules for the allocation of risk are based on the various mechanisms used to access the account. Also, due to the complexities of EFT, consumer protection becomes a paramount goal and is a subject of much concern, particularly when it comes to determining liability for losses. The UK government implemented the Payment Services Directive 2007 by adopting the Payment Services Regulations 2009, to regulate the system. However, such Regulations do not constitute a comprehensive regime that applies to all legal issues arising in the context of the EFT system. This study argues the necessity for a re-examination of existing laws and proposes a model for the future approach to the issues associated with EFT payment. Different approaches to EFT will be assessed, and the comparative and contrasting elements will be analysed in order to propose a comprehensive solution to the deficiencies in the current framework. Central to the problem is the absence of any uniform standard: individual banks offer differing contractual terms and conditions and different means of accessing accounts. Consequently it is time to formulate new and comprehensive rules for the allocation of liability of risks associated with EFT transactions.
2

The law of one price on bitcoin

Naidu, Sriya January 2016 (has links)
Faculty of Commerce, Law and Management University Of Witwatersrand 07 September 2016 / The purpose of this study is to identify whether the Law of One Price theory holds across bitcoin exchanges in different countries given the uniquely defining characteristics of bitcoin. This was explored using Johansen’s Cointegration to extract the economic relationship between the time series sampled. It was demonstrated in the results that the Law does not always hold, however this was dependent on which bitcoin exchange is being used. Prices across the same bitcoin exchanges were likely to hold because of similar transaction costs and the ease of trading. For the time series where the Law of One price did not hold, the explanatory factors could include the bitcoin market illiquidity and purposeful disequilibrium. Bitcoin is a fairly new concept and has been press-worthy in the finance, economic and technological spheres. In South Africa, awareness of the digital currency is low, as is an understanding of its features and the impact on the economy as well as society as a whole. This study therefore aims to explore bitcoin in a finance context, in terms of the Law of One Price, while briefly gaining an understanding of the digital currency itself. / MT2017
3

The regulation of electronic funds transfers : problematic aspects relating to banks liability

Ndlovu, Witness Nomfundo January 2020 (has links)
The evolution of various payment instruments shows a marked inclination away from the reliance on physical currency. This has, in turn, led to the construction of new manifestations of wealth. Due to revolution and developments of technology, payment can be made by various means such as physical delivery of conventional money (coins and bank notes) from the payer to the payee, but may also be made through tangible paying methods other than negotiable instruments such as debit or credit card or by way of electronic funds transfer. The development of payment systems makes it a reality for consumers to choose their preferred method of payment suitable for their banking needs and circumstances. Electronic funds transfer is a generic term that embraces any transfer of funds in which electronic techniques replace one or more of the steps in the process that were previously done by paper-based techniques. This includes automated teller machines, the transfer of funds at the point of sale, direct deposit or withdrawal of funds and funds initiated by telephone. The use of electronic funds transfer systems is described as the ultimate act of payment for not only is the value which is transferred reduced to a symbolic form, but the symbolic form itself is removed from the immediate possession of the parties to the transfer, payment also essentially becomes the transfer of information. Electronic funds transfer are easy and convenient to use. However, new technology has not only provided an ever-increasing range of electronic payment products, it has also had far-reaching effects on the way in which banks operate. Owing to the lack of legislation in South Africa to regulate the use of electronic funds transfer, banks rely on the law of contract and mandate to exempt themselves from liability. Therefore, the research problem that this dissertation aims to address revolves around the legal implications of electronic funds transfer, This includes the questions surrounding reversal and recovery of electronic funds transfer when payment is considered to be final and complete. Ultimately, I will attempt to address apportionment of liability between banks and consumers. / Mini Dissertation (LLM (Banking Law))--University of Pretoria 2020. / GCRA Bursary / Mercantile Law / LLM (Banking Law) / Unrestricted
4

Factors impacting the adoption of an electronic payment solution in the South African taxi industry: a study of taxi owners in the Johannesburg metropolitan area

Tshambula, Asanda January 2017 (has links)
A research report submitted to the Faculty of Commerce, Law and Management, University of the Witwatersrand, in partial fulfilment of the requirements for the degree of Master of Management specialising in Entrepreneurship and New Venture Creation / Resistance to technological innovation by its end users is a crucial indicator which highlights information which could be utilised for a successful implementation of an innovation. The adoption of a technological innovation puts in jeopardy the internal environment, culture, identity and traditional practices of an industry. End-users have been known to be receptive to innovations as long as they do not change industry practices and help improve industry performance. This research seeks to address how an industry in the second economy characterised by high poverty, less education and minimum skills adopts and diffuse technological innovations. A survey was conducted and responses from 182 taxi owners was analysed. The research has identified that education, technology experience, relative advantage and trialability influence the probability of adoption. The results indicated that due to the nature of a social system there are different results about innovation attributes and different adopter categories can be identified in different social systems. Education and knowledge need to be addressed in order to formalise and modernise the taxi industry not just taxi owners but for taxi drivers and other members of the social system. The results have indicated that most taxi owners have positive attitudes about the electronic fare collection system. This research can contribute to the actual adoption and diffusion of the electronic payment system in the south African taxi industry. The electronic fare collection system needs to be sold for its commercial benefit to the taxi industry instead of being presented as a regulatory case for change. / MT2017
5

GetLB: uma nova arquitetura para balanceamento de carga dinâmicos em sistemas de transações eletrônicas financeiras

Andrade, Alexandre Luis de 02 September 2013 (has links)
Submitted by Mariana Dornelles Vargas (marianadv) on 2015-05-28T14:17:29Z No. of bitstreams: 1 Getlb.pdf: 3597932 bytes, checksum: 9c794d7c5c59244cce8b65e3ccd9e1d3 (MD5) / Made available in DSpace on 2015-05-28T14:17:29Z (GMT). No. of bitstreams: 1 Getlb.pdf: 3597932 bytes, checksum: 9c794d7c5c59244cce8b65e3ccd9e1d3 (MD5) Previous issue date: 2013 / Nenhuma / Transações eletrônicas financeiras - em inglês EFT (Electronic Funds Transfer) - representam uma realidade em expansão que impulsiona a aproximação entre consumidores e fornecedores. As transações podem ser originadas de diferentes meios de captura da informação e são transmitidas para um centro de processamento, que decodifica, executa e retorna os resultados no menor tempo possível. Em especial, a presente dissertação de mestrado está enquadrada no dia-a-dia da empresa GetNet e no balanceamento de carga sobre um de seus sistemas de processamento. O sistema em estudo dispõe atualmente de uma arquitetura na qual as transações são recebidas em um nó centralizador, representado por um chaveador Cisco, e são distribuídas para Máquinas Processadoras (MP) segundo o algoritmo de escalonamento Round Robin. Esse algoritmo é adequado para as situações onde as MP são homogêneas e o tempo de rede entre elas e o nó centralizador é também uniforme. Essa configuração pode ser restritiva para um sistema transacional que precisa estar dimensionado para atender uma empresa em expansão geográfica que use MP em diferentes localizações. Em adição, a atuação do algoritmo Round Robin permite que transações sejam repassadas para MP que já possuem alta carga de trabalho ou se encontram indisponíveis. Nesse contexto, essa dissertação descreve uma arquitetura para o sistema transacional chamada GetLB, que proporciona um balanceamento de carga a partir do chaveador com base em monitoração das máquinas de processamento. A infraestrutura GetLB propõe um novo escalonador chamado LL (Load Level). Diferente do Round Robin, para cada transação i, LL calcula n funções LL(i; j), onde j é a MP alvo e n a quantidade das mesmas. Para tal, serão verificadas as suas condições para atender à demanda conforme índices de ocupação de CPU, memória, disco e estado das filas das máquinas processadoras, entre outros. A eficiente combinação desses fatores, para o despacho de transações, configura a contribuição científica do trabalho. Assim como a eficiência em notificar o chaveador quando ocorrem eventos assíncronos no sistema, como parada ou perda de capacidade de processamento de alguma máquina. A arquitetura GetLB também visa proporcionar capacidade de operação com heterogeneidade de máquinas processadoras, possibilitando o uso de máquinas especialistas para certos tipos de transações e a integração de MPs de diferentes redes (domínios administrativos). Os resultados dos testes mostraram que GetLB é mais eficiente que Round-Robin em muitos aspectos, sobressaindo mais em situações de heterogeneidade de recursos e dinamicidade de eventos. Verificou-se também que as notificações acrescentam muito valor ao sistema, auxiliando na manutenção e melhoria contínua da solução. / Electronic financial transactions represents an expanding reality that drives the approach between consumers and suppliers. Transactions can be originated from different information’s capture terminals and are transmitted to a processing center, which decodes, executes and returns the results in the shortest time possible. In particular, this dissertation is framed in the day-to-day operations of GetNet, a network and service provider company, and load balancing on one of its processing systems. The system under study currently has an architecture in which transactions are received at a centralized node, represented by a Cisco switch, and are distributed to machines processors (MP) according to Round Robin scheduling algorithm. This algorithm is suitable for situations where the MP are homogeneous and network transfer time between them and the centralized node is also uniform. This setting can be restrictive for a transactional system that needs to be sized to meet an expanding company and uses geographic MP at different locations. In addition, the performance of Round Robin algorithm enables transactions to be passed to MP who already have high workload or are unavailable. In this context, this work describes an architecture for a transactional system called GetLB, which provides load balancing from the switch based on processing machines’s monitoring. The infrastructure GetLB proposes a new scheduler called LL (Load Level). Unlike the Round Robin, for each transaction i, LL calculates n functions LL (i, j) where j is the target MP and n quantity of machines. This will check their conditions to meet demand as occupancy rate of CPU, memory, disk, and state of the queues of processing machines, among others. The efficient mix of these factors to dispatch transactions, sets the scientific work. As well as the efficiency to notify the switch when asynchronous events occur in the system, such as stopping or loss of processing capacity of some machine. The architecture also aims to provide GetLB operation capability with heterogeneous processing machines, enabling the use of machinery specialists for certain types of transactions and the integration of MPs from different networks (administrative domains). The test results showed that GetLB is more efficient than Round-Robin in many aspects and stand out in case of heterogeneous resources and dynamic events. It was also found that the notifications adds much value to system, assisting in the maintenance and continuous solution’s improvement
6

Chemnitzer Linux-Tage 2012

Schöner, Axel, Meier, Wilhelm, Kubieziel, Jens, Berger, Uwe, Götz, Sebastian, Leuthäuser, Max, Piechnick, Christian, Reimann, Jan, Richly, Sebastian, Schroeter, Julia, Wilke, Claas, Aßmann, Uwe, Schütz, Georg, Kastrup, David, Lang, Jens, Luithardt, Wolfram, Gachet, Daniel, Nasrallah, Olivier, Kölbel, Cornelius, König, Harald, Wachtler, Axel, Wunsch, Jörg, Vorwerk, Matthias, Knopper, Klaus, Meier, Wilhelm, Kramer, Frederik, Jamous, Naoum 20 April 2012 (has links) (PDF)
Die Chemnitzer Linux-Tage sind eine Veranstaltung rund um das Thema Open Source. Im Jahr 2012 wurden 104 Vorträge und Workshops gehalten. Der Band enthält ausführliche Beiträge zu 14 Hauptvorträgen sowie Zusammenfassungen zu 90 weiteren Vorträgen. / The "Chemnitz Linux Days" is a conference that deals with Linux and Open Source Software. In 2012 104 talks and workshops were given. This volume contains papers of 14 main lectures and 90 abstracts.
7

電子取引における意思表示の法理 : 電子契約法・電子署名法の意義に関する一考察 / デンシ トリヒキ ニオケル イシ ヒョウジ ノ ホウリ デンシ ケイヤク ホウ デンシ ショメイ ホウ ノ イギ ニカンスル イチコウサツ

徐, 熙錫, Seo, Hee Seok 23 March 2007 (has links)
博士(法学) / 甲第373号 / iv, 377p / 一橋大学
8

Chemnitzer Linux-Tage 2012: Tagungsband – 17. und 18. März 2012

Schöner, Axel, Meier, Wilhelm, Kubieziel, Jens, Berger, Uwe, Götz, Sebastian, Leuthäuser, Max, Piechnick, Christian, Reimann, Jan, Richly, Sebastian, Schroeter, Julia, Wilke, Claas, Aßmann, Uwe, Schütz, Georg, Kastrup, David, Lang, Jens, Luithardt, Wolfram, Gachet, Daniel, Nasrallah, Olivier, Kölbel, Cornelius, König, Harald, Wachtler, Axel, Wunsch, Jörg, Vorwerk, Matthias, Knopper, Klaus, Kramer, Frederik, Jamous, Naoum 20 April 2012 (has links)
Die Chemnitzer Linux-Tage sind eine Veranstaltung rund um das Thema Open Source. Im Jahr 2012 wurden 104 Vorträge und Workshops gehalten. Der Band enthält ausführliche Beiträge zu 14 Hauptvorträgen sowie Zusammenfassungen zu 90 weiteren Vorträgen. / The "Chemnitz Linux Days" is a conference that deals with Linux and Open Source Software. In 2012 104 talks and workshops were given. This volume contains papers of 14 main lectures and 90 abstracts.
9

Legal and regulatory aspects of mobile financial services

Perlman, Leon Joseph 11 1900 (has links)
The thesis deals with the emergence of bank and non-bank entities that provide a range of unique transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked, underserved and underbanked persons via mobile phones. Models of MFS from Mobile Network Operators (MNOs), banks, combinations of MNOs and banks, and independent Mobile Financial Services Providers are covered. Provision by non-banks of ‘bank-type’ services via mobile phones has been termed ‘transformational banking’ versus the ‘additive banking’ services from banks. All involve the concept of ‘branchless banking’ whereby ‘cash-in/cash out’ services are provided through ‘agents.’ Funds for MFS payments may available through a Stored Value Product (SVP), particularly through a Stored Value Account SVP variant offered by MNOs where value is stored as a redeemable fiat- or mobile ‘airtime’-based Store of Value. The competitive, legal, technical and regulatory nature of non-bank versus bank MFS models is discussed, in particular the impact of banking, payments, money laundering, telecommunications, e-commerce and consumer protection laws. Whether funding mechanisms for SVPs may amount to deposit-taking such that entities could be engaged in the ‘business of banking’ is discussed. The continued use of ‘deposit’ as the traditional trigger for the ‘business of banking’ is investigated, alongside whether transaction and paymentcentric MFS rises to the ‘business of banking.’ An extensive evaluation of ‘money’ based on the Orthodox and Claim School economic theories is undertaken in relation to SVPs used in MFS, their legal associations and import, and whether they may be deemed ‘money’ in law. Consumer protection for MFS and payments generally through current statute, contract, and payment law and common law condictiones are found to be wanting. Possible regulatory arbitrage in relation to MFS in South African law is discussed. The legal and regulatory regimes in the European Union, Kenya and the United States of America are compared with South Africa. The need for a coordinated payments-specific law that has consumer protections, enables proportional risk-based licensing of new non-bank providers of MFS, and allows for a regulator for retail payments is recommended. The use of trust companies and trust accounts is recommended for protection of user funds. | vi / Public, Constitutional and International Law / LLD
10

Legal and regulatory aspects of mobile financial services

Perlman, Leon Joseph 11 1900 (has links)
The thesis deals with the emergence of bank and non-bank entities that provide a range of unique transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked, underserved and underbanked persons via mobile phones. Models of MFS from Mobile Network Operators (MNOs), banks, combinations of MNOs and banks, and independent Mobile Financial Services Providers are covered. Provision by non-banks of ‘bank-type’ services via mobile phones has been termed ‘transformational banking’ versus the ‘additive banking’ services from banks. All involve the concept of ‘branchless banking’ whereby ‘cash-in/cash out’ services are provided through ‘agents.’ Funds for MFS payments may available through a Stored Value Product (SVP), particularly through a Stored Value Account SVP variant offered by MNOs where value is stored as a redeemable fiat- or mobile ‘airtime’-based Store of Value. The competitive, legal, technical and regulatory nature of non-bank versus bank MFS models is discussed, in particular the impact of banking, payments, money laundering, telecommunications, e-commerce and consumer protection laws. Whether funding mechanisms for SVPs may amount to deposit-taking such that entities could be engaged in the ‘business of banking’ is discussed. The continued use of ‘deposit’ as the traditional trigger for the ‘business of banking’ is investigated, alongside whether transaction and paymentcentric MFS rises to the ‘business of banking.’ An extensive evaluation of ‘money’ based on the Orthodox and Claim School economic theories is undertaken in relation to SVPs used in MFS, their legal associations and import, and whether they may be deemed ‘money’ in law. Consumer protection for MFS and payments generally through current statute, contract, and payment law and common law condictiones are found to be wanting. Possible regulatory arbitrage in relation to MFS in South African law is discussed. The legal and regulatory regimes in the European Union, Kenya and the United States of America are compared with South Africa. The need for a coordinated payments-specific law that has consumer protections, enables proportional risk-based licensing of new non-bank providers of MFS, and allows for a regulator for retail payments is recommended. The use of trust companies and trust accounts is recommended for protection of user funds. | vi / Public, Constitutional and International Law / LL. D.

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