The purpose of this study was to determine the effect of the work of the Deputy State Superintendents on the high schools of Texas.

Thesis (PhD)--Stellenbosch University, 1997. / ENGLISH ABSTRACT: Standard financial literature contains various explanations for the unique role of deposit-taking intermediaries in an economy. None of these reasons adequately explains the extensive degree of banking regulation evident in practice. The nature of a deposit, which guarantees capital repayment independent of bank performance, uniquely incentivises banks to be exposed to financial risks. In the absence of appropriate regulation, banks may be tempted to assume an unacceptably high level of risk that could ultimately result in bank failure. Thus, the regulation of banking risks is justified in terms of the public interest theory whereby banking regulation seeks to avoid the market imperfections arising from informational asymmetries and "domino" externalities associated with bank failure. Accordingly, the rationale of banking regulation lies in the protection of consumers and in preserving the stability of the financial system. Direct monetary controls, on the other hand, impact adversely on the risk-management activities of banks. The framework utilised to analyse and compare banking regulation consists of three broad categories namely: preventative regulation, protective regulation and monetary requirements. Preventative or prudential regulation is aimed at managing the levels of risks assumed by banks. This form of regulation relates to entry requirements; limitations on certain business activities; the disclosure of risk-related information; the adequacy of capital resources; portfolio restrictions on risk assets; and the sufficiency of liquidity. Protective regulation is concerned with the immediate protection of depositors and maintenance of overall financial stability once a bank has failed. lt consists of crisis management measures and deposit insurance schemes. Direct, and hence inappropriate, monetary requirements are variations in reserve asset requirements, as well as interest rate and credit controls. The banking systems of South Africa, the United Kingdom and Germany were chosen to perform a comparative analysis of financial regulation. The London financial markets are mature and a large variety of banks are regulated in a flexible manner by the Bank of England. By contrast, the strictly regulated German banks dominate their domestic financial system. South Africa is a hybrid of the former systems with a modern banking industry operating in well developed financial markets and supervised according to advanced risk-management considerations. The analysis of preventative and protective regulation in all three financial systems indicates that banking regulation is indeed concerned with the regulation of banking risks. The efforts of the Bank for International Settlements to harmonise regulation across domestic financial systems has contributed significantly to improved regulatory techniques for the management of these risks. None of the three systems make use of direct monetary requirements which suggest awareness of the costs associated with such regulation. A number of recommendations are made to improve financial regulation in South Africa: extension of regulatory coverage to include other types of financial intermediaries who also engage in risky activities; further relaxation of exchange control regulations which restrict the foreign exchange risk management; the adoption of a formal deposit protection scheme; increased consolidated supervision by a single regulatory authority with executive powers; further deregulatory measures in instances where regulations are not appropriate from a risk-management perspective; and re-regulation to the extent that the risk-management activities can be regulated more efficiently. / AFRIKAANSE OPSOMMING: Die finansiele literatuur bevat verskeie verklarings vir die unieke rol wat depositonemende instellings in 'n ekonomie vervul. Geeneen van die redes verskaf 'n bevredigende verklaring vir die wye omvang van bankregulasies in die praktyk nie. Die aard van 'n deposita is sodanig dat die terugbetaling van die kapitaalsom deur 'n bank gewaarborg word, onafhanklik van die winsprestasie van die bank. Gevolglik het banke die unieke eienskap om hulself aan finansiele risikos bloat te stel. Sander gepaste regulering sou banke moontlik daartoe geneigd wees om oormatige hoe risikovlakke na te streef wat tot bankmislukking kan lei. Die regulering van bankrisikos vind dus bestaansreg in die teorie van openbare belang, d.w.s. dat regulering die potensiele markmislukkings, wat voortspruit uit asimmetriese inligting en "domino" eksternaliteite, kan voorkom. Die rasionaal van bankregulering is die beskerming van verbruikers, asook die handhawing van 'n stabiele finansiele stelsel. Direkte monetere beheermaatreels, daarenteen, het 'n ongunstige uitwerking op die bestuur van risikos deur banke. Die raamwerk waarbinne bankregulering ontleed en vergelyk word, bestaan uit drie kategoriee, naamlik voorkomende regulering, beskermende regulering en monetere vereistes. Voorkomende regulering is daarop gemik om die risikos waaraan banke blootgestel is te bestuur. Sodanige regulering verwys na toelatingsvereistes, beperkings op sekere sake-aktiwiteite, die openbaarmaking van risiko-verwante inligting, die toereikendheid van kapitaalhulpbronne, beperkings ten opsigte van baterisikos en voldoende likiditeit. Beskermende regulering is gemoeid met die beskerming van deposante en bestaan uit krisisbeheermaatreels en depositoversekeringskemas. Direkte (en gevolglik ontoepaslike) monetere vereistes bestaan uit veranderlike reserwebatevereistes, asook rentekoers- en kredietbeheermaatreels. Die bankstelsels van Suid Afrika, die Verenigde Koningkryk en Duitsland is gekies vir 'n vergelykende analise van finansiele regulering. Die finansiele markte in Londen is hoogs ontwikkeld en 'n groat verskeidenheid en aantal banke word op 'n pragmatiese wyse deur die Bank of England gereguleer. In direkte teenstelling daarmee word die Duitse banke, wat hul binnelandse finansiele markte domineer, onderwerp aan 'n streng formele toesighoudingstelsel. Die SuidAfrikaanse finansiele stelsel bevat elemente van beide bogenoemde stelsels, by wyse van 'n moderne banksektor, wat funksioneer in goed ontwikkelde finansiele markte en gereguleer word ooreenkomstig gevorderde risikobestuursbeginsels. Die analise van voorkomende en beskermende regulering in die drie finansiele stelsels, bevestig dat bankregulering inderdaad afgestem is op die regulering van finansiele risikos. Die pogings van die Bank van lnternasiona~e Vereffeninge om die regulasies in finansiele stelsels internasionaal met mekaar in orreenstemming te bring het wesenlik hiertoe bygedra. Die vermyding van direkte monetere vereistes dui verder daarop dat toesighoudende owerhede bewus is van die nadele van sodanige regulering. 'n Aantal aanbevelings word gemaak, naamlik: meer omvattende regulering ten einde ander finansiele instellings wat ook finansiele risikos bestuur, te dek; verdere verslappings van valutabeheermaatreels wat tans die bestuur van wisselkoersrisiko beperk; die totstandkoming van 'n formele depositoversekeringstelsel; 'n groter mate van gekonsolideerde toesighouding; verdere deregulering in gevalle waar regulasies vanuit 'n risikobestuursoogpunt nie wenslik is nie; en her-regulering in die mate waartoe die risikobestuurspraktyke meer effektief gereguleer kan word.

The overall objective of this study was to determine the effect of Basel ll on the South African banking system through possible changes in the way in which a bank conducts its business. This purpose arose from the publication of the new Basel ll Framework on 26 June 2004, which has been adopted for implementation by the South African Reserve Bank. South Africa has set January 1, 2008 as the implementation date for Basel ll. The South African banks have mainly been focussing their efforts on becoming Basel ll compliant. Business line management and marketers have up until now not paid much attention to the likely impact of Basel ll on their markets and product offerings. A literature study was undertaken which included a review of the Basel ll Framework, impact studies and a review of the relevant literature on the topic. The Framework was analysed in order to determine the major impact themes. Once these impact themes were identified, the literature on those areas of impact was researched. The analysis of the Basel ll Framework identified three important themes that will have a significant impact on banks. There will firstly be an impact on market segments and product offerings. Secondly, there will be an internal impact on the banks in the form of increased costs, decision-making and capital management. The final theme identified was the global impact on the banks, especially regarding procyclicality and mergers and acquisitions. vii The research indicates that there will be both winners and losers. Banks that have large retail and mortgage exposures will benefit the most from Basel ll, whereas banks that have large exposures to sovereigns, banks and specialised lending portfolios will be negatively impacted. A capital charge for operational risk will mean that some areas such as corporate finance and asset management will be allocated capital, which was not the case under Basel l. Studies indicate that this new operational risk capital requirement more than outweighs any reduction in credit risk capital requirements. Customers that have high credit ratings are more likely to benefit from lower credit spreads. Similarly customers that have poor credit ratings can expect an increase in their pricing due to the higher capital requirements for these customers, unless they can provide a bank with ancillary revenues. Competition in the retail and mortgage markets will intensify due to the favourable capital requirements for these portfolios. The large South African banks will become takeover targets because of their large exposures to these markets. Basel ll will have a major impact on the way in which banks will do business in the future and as a result banks should view the implementation of the Framework as an opportunity to gain strategic advantages rather than just a compliance obligation. / Prof. A. Boessenkool

Thesis (Ph. D.)--University of California, San Diego, 2006. / Title from first page of PDF file (viewed July 10, 2006). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references (p. 318-326).

Banks play a pivotal role in economic growth and development of all countries and therefore the stability of the banking system is a vital goal of bank supervisors. Banks act as delegated monitors of depositors’ funds and this relationship, like all principal-agent relationships, presents agency problems. In the case of banks agency problems arise because depositors cannot accurately assess the financial health of banks due to the asymmetry of information existing between banks and depositors. Because banks possess private information on their borrowers, which depositors cannot access, it exposes depositors to risk of loss of deposits in cases of bank failures originating from nonrepayment of such loans. This asymmetry of information also exposes banks to runs by depositors and these runs can lead to bank failures with devastating effects for the financial system and the economy at large. It is for this reason that banks are regulated and supervised more than other institutions. Bank failures are a worldwide phenomenon and South Africa is no exception as evidenced by historical and recent bank failures in South Africa. This thesis investigates the desirability of introducing an explicit deposit insurance scheme in South Africa as a means of protecting small, unsophisticated depositors who are almost always the losers when banks fail, and promoting financial stability. The study finds that bank failures in South Africa are mainly attributable to mismanagement of banks, liquidity problems and fraud. Bank failures as a result of the aforementioned reasons have led to depositors losing their deposits in South Africa. The absence of a clearly defined depositor protection scheme in South Africa, the inadequacy of the hitherto implicit guarantee system to protect depositors, and the poor record of the South African Reserve Bank in bank failure resolution, form the basis of the conclusion of the study, i.e., there is a case for the introduction of deposit insurance in South Africa. In order to assist South African policymakers in designing an effective deposit insurance scheme for the country, the thesis further provides a guide on how the most important design features of deposit insurance should be handled. This is in an attempt to ensure that the moral hazard problem inherent in deposit insurance is overcome.

Thesis (MBA)--Stellenbosch University, 2002. / ENGLISH ABSTRACT: The new Basel Capital Accord is intended to align capital adequacy of banks more closely with the key components of banking risk and to provide incentives for banks to improve their risk measurement and management capabilities. This has important implications for banks, particularly in the area of credit risk management. The purpose of this study is to take an in-depth look at the implications for banks in the area of credit risk management and the choice of approach (i.e. standardised versus internal ratings based approach) to be adopted. These changes in approach to credit risk will have broader economic implications and the study will in its final analysis explore these in the context of South Africa, as an emerging market. The study is split into three sections: Section A • Introduction and background to the New Basel Capital Accord; • Detailed overview on the New Basel Capital Accord with a particular emphasis on the internal ratings based approach to calculating minimum capital. Section B An in-depth discussion of credit risk management and the practical implications of moving towards an internal ratings based approach, which will eventually allow banks to take on a full portfolio approach to credit risk management. This will enable banks to manage credit risk across sub-portfolios and set economic capital based on the portfolio loss distribution of the banks entire lending book. This is an extremely important development in credit risk management and as a consequence is covered in some detail. The adoption of an internal ratings based approach offers significant rewards in the form of lower statutory capital. A profile of the current capitalisation of SA banks is provided followed by the likely effect of the standardised versus the internal ratings based approach to credit risk management, on the minimum level of statutory capital of banks. Section C The final section covers the envisaged macro effects of the New Accord on emerging markets (procyclical trends, lending concentrations, foreign capital flows and bank failures) with specific comment provided on the implications for the SA banking environment and economy. In conclusion, South African banks should as a priority move towards an internal ratings based approach to credit risk management in order to benefit from the lower statutory requirements, which accrue in the advanced phase. While the accord is likely to impact significantly on emerging markets, South Africa fortunately has a sophisticated banking system by international standards, making the adoption of an internal ratings based approach by the larger SA banks inevitable. The benefits for smaller banks are questionable and at this stage they are unlikely to move beyond the standardised approach, unless compelled to do so. / AFRIKAANSE OPSOMMING: Die "New Basel Capital Accord" het ten doel om die kapitaal vereistes neergelê vir banke meer in lyn te bring met die risiko komponent gekoppel bankwese. Dit hou 'n belangrike implikasie vir banke in en verskaf voorts ook 'n dryfveer vir banke om die bestuur van krediet risiko en algehele bestuursvaardighede te verbeter. In hierdie studie word 'n indiepte ondersoek onderneem aangaande die implikasie op banke van krediet risiko-bestuur en die keuse van die benadering wat gevolg word. Hierdie veranderings in die benadering (dws.standard teenoor interne-graderings benadering) tot krediet risiko hou breër ekonomiese implikasies vir banke in. Hierdie ekonomiese implikasies op SA as 'n ontwikkelende mark word in die finale analise ondersoek. Die studie kan in drie afdelings verdeel word: Afdeling A: • Inleiding en agtergrond tot die "New Basel Capital Accord" en • 'n Gedetaileerde oorsig van die "New Basel Capital Accord" met spesifieke verwysing na die interne-graderings benadering om die minimum vereiste kapitaal te bepaal. Afdeling B: Hierdie afdeling ondersoek krediet risiko bestuur en die praktiese implikasies van die aanvaarding/instelling van 'n interne graderings benadering, en die effek wat dit sal hê op 'n totale portefeulje benadering tot krediet risiko. Die gevolg is dat banke krediet risiko oor sub-portefeuljes sal kan bestuur en kapitaal vlakke vasstel gebaseer op verwagte portefeulje verliese. Hierdie is 'n belangrike ontwikkeling in krediet risiko bestuur en word vervolgens in diepte behandel. Die aanvaarding van 'n interne-graderings benadering tot gradering hou voordele in vir banke in die vorm van laer statutêre kapitaal vereistes. 'n Profiel van die kapitalisasie van SA banke word verskaf, gevolg deur die verskil in die effek van die standaard benadering tot die interne graderings benadering op krediet risiko bestuur en die vereiste minimum statutêre kapitaal. Afdeling C: Die finale afdeling ondersoek die beoogde makro ekonomiese effek van die "New basel capital Accord" op ontwikkelende marke (pro-sikliese neiging, lenings konsentrasies en bank mislukkings) met spesifieke verwysing na die implikasies op SA bankwese en ekonomie. Ter afsluiting moet SA banke so spoedig moontlik die interne-graderings benadering tot krediet risiko aanvaar om voordeel te trek uit die laer kapitaal vereistes wat "ophoop in die gevorderde stadium." Daar word verwag dat die "New Basel Capital Accord" 'n wesenlike invloed op die ontwikkelende mark sal hê. SA het egter 'n gesofistikeerde en gevestigde bankstelsel wat goed vergelyk met internasionale standaarde. Die aanvaarding van 'n interne-graderings benadering deur die die groter SA banke is onafwendbaar. Die voordele wat dit vir kleiner banke inhou kan bevraagteken word en is op hierdie stadium onwaarskynlik dat so 'n benadering deur hulle geïmplimenteer sal word.

Thesis (MBA)--Stellenbosch University, 2014. / Research on strategy has been focusing at organisational level, mostly on practices such as strategic planning, strategy workshops and consultancy practices. With the emergence of strategy-as-practice, the focus has been redirected to explore beneath organisational-level processes and bring to the fore the role that people play in the practice of strategy. This research project looked at the practice of strategy within the Namibia Financial Institutions Supervisory Authority (NAMFISA), the financial regulator in Namibia. Strategy is seen within this research project as something that is ‘done’ by actors who are referred to as ‘practitioners’ of strategy. Strategy-as-practice research is a relatively new field of strategy research. This assignment has aimed to add to the fast growing body of knowledge in the strategy-as-practice research field and it forms part of a collaborative between the University of Stellenbosch Business School (USB) and The Narrative Lab. The researcher explored how strategy is practised within NAMFISA, as the case study company. The assignment points out the strategy actors, the practices and processes they follow as well as the tools they use to plan and execute the NAMFISA strategy. The researcher took an activity-based view and paid special attention to practitioners, practices and praxis (Jarzabkowski, 2005) involved in strategising as well as the manner in which NAMFISA ‘does’ strategy. The system aspects of Biomatrix theory, namely environment, ethos, aims, processes, structure, governance and matter, energy and information (Mei), as described by Dostal, Cloete and Járos (2005), were also integrated into the research wherever they were deemed to affect the practice of strategy at NAMFISA. The above-mentioned aspects, in conjunction with the elements of the activity-based view and the strategising matrix (Jarzabkowski, 2005), shaped the basis for the analysis which was done using the ATLAS.ti tool. After the first analysis, a second analysis was performed using SenseMakerTM Explorer, another qualitative analysis tool which helped in gaining an in-depth understanding of the findings obtained using the ATLAS.ti tool. During the second analysis exercise, the respondents were requested to self-index their own narratives about the strategy activities at NAMFISA. Practices were found to be dominated by planning and discussions and praxis occurred predominantly at the meso level within NAMFISA. As the practice of strategy is entrenched, procedural strategising was found to be the most dominant of the strategising matrix, followed by interactive. No element of preactive strategising was observed. Planning was done by the executive and middle managers, mostly at annual strategic retreats. The use of external consultants was minimal. The research concluded with recommendations for further studies on strategy-as-practice research in Southern Africa.

This thesis deals with the topic of privilege against self-incrimination of legal entity in administrative proceedings and in offence proceedings. The following reasons led me to the choice of this topic. First of all, it is a multidisciplinary topic involving criminal law, criminal administrative law, constitutional law, and private law, especially the regulation of legal entities. Furthermore, with the exemption of decision-making praxis of courts, and a few academic essays, attention hasn't been paid to this topic in its complexity. For this reason, this topic has offered novelty and the possibility of observing the progressive development of judicature, especially the decision-making praxis of the Supreme Court of the Czech Republic, the Supreme Administrative Court of the Czech Republic as well as the Constitutional Court of the Czech Republic and the European Court of Human Rights. The first part deals with the historical origins of privilege against self-incrimination and development of the criminal proceedings over the centuries. Special attention is paid to the fact, that privilege against self-incrimination was originally part of criminal proceedings until the 12th century, when this privilege was removed from the canon law and replaced with the inquisitional process which was linked with the...

The New Zealand economy in the period up to 2006 provides an opportunity to assess an alternative disclosure based approach to the prudential regulation of deposittakers, in a market free of many of the distortions which arise from traditional regulatory schemes. The overall objective of this research has been to assess the effectiveness of the prudential regulation of New Zealand financial institutions and judge if the country is well served by it. Analysis of New Zealand’s registered bank sector suggests public disclosure adds value to New Zealand’s financial system. However, the significant relationship found between disclosure risk indicators and bank risk premiums was not as a result of market discipline, rather it is argued self-discipline was the mechanism, demonstrating bank management and directors are discharging their duties in a prudent manner. A feature of the New Zealand disclosure regime for banks is the significant responsibilities placed on bank directors; directors are then held accountable for their actions. Findings in the management of banks were in contrast to non-bank deposittakers, where disclosure was judged to be ineffective, and of no practical use due to its poor quality. The management of non-bank deposit-takers appeared to receive very little oversight from depositors, their trustees or official agencies. As a result, many appear to have managed their institution in their own interests, with little consideration given to other stakeholders. Failures which occurred in NBDTs from 2006 resulted from deficiencies in the prudential regulation of these deposit-takers, demonstrating the severity of asymmetric information and moral hazard problems which can arise if prudential regulation is not correctly designed and management interests are not aligned with other stakeholders. The New Zealand disclosure regime will never guarantee a bank will not fail, nor should it try to do so, but it should assist the functioning of a sound and efficient financial system. To this end, it is recommended that the Reserve Bank, in re-designing the regulatory framework for NBDTs, hold the management and directors of NBDTs similarly accountable, while also incorporating regular disclosure and minimum prudential standards. Governments have an important role to play in ensuring the financial system is efficient.

The world political economy passed through sea changes starting from the early-1980s. The transformation of the finance capital was an indispensible and important aspect of this change. Most of the countries in this process adapted themselves in line with the abovementioned transformation and liberalized their financial systems. However, the specific country practises diverged from each other considerably. On the one hand, some of the countries transformed their finance capital as part and parcel of a comprehensive political economy framework. As a result of the strategic involvement of the state (&lsquo / pro-active states&rsquo / ) and the organic interaction between the interest groups in the industrial and financial sphere, the transformation of financial systems materialized within the context of the upward restructuring of the overall political economy structure of these countries. On the other hand, some countries could not establish the productive link between industrial, financial and state elites (&lsquo / reactive states&rsquo / ) and the financial transformation exacerbated the structural problems in the countries in question. As illuminating examples of the former and latter categories, Spain and Turkey represent instructive cases in point. In this regard, the aim of this study is to make a comparative political economy analysis between the transformation of the finance capital in Spain and Turkey and to pinpoint the diverging paths of the political economy structures of these countries.