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The Global ETD Search service is a free service for researchers
to find electronic theses and dissertations. This service is
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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.
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Showing 151 to 153 of 153 (0.062 seconds)Spelling suggestions: "subject:"5ystemic risk"" "subject:"asystemic risk""
| 151 |
銀行業中「大至不能倒」(Too Big to Fail)現象之防範與法制建構-兼論銀行事前預囑黃卲璿, Huang, Shao Hsuan Unknown Date (has links)
本文所要探討的問題在於如何消弭銀行業中具有「大至不能倒」地位的銀行對整體經濟與金融體系所帶來的負面效應。
為了處理此一問題，本文將從比較法經驗進行歸納分析，理出「大至不能倒」理論在美國法上的面貌，並對「大至不能倒」銀行的界定提出比較法上採取的途徑，之後本文將進入檢閱現有的「大至不能倒」的解決方案，並以本文核心目標：『正視「大至不能倒」銀行的存在，並最小化「大至不能倒」政策適用的餘地！』來檢驗這些解決方案，緊接著本文將提出金融穩定委員會對於「大至不能倒」銀行的「資本強化」、「監理強化」與「復原與退場計畫」這三個監理方案供參酌，本文在結論上強力主張應將「復原與退場計畫」納入我國的法制架構中，為我國未來面對「大至不能倒」議題預做準備，並提出立法建議。
所謂「復原與退場計畫」(銀行事前預囑)是國際上處理「大至不能倒」問題所創造出全新的監理工具，簡介其內容，就是藉由事前周全的計畫使大型銀行在遭遇嚴重的壓力事件(尤其是系統性事件)時能藉由實施事前計劃快速地使財務狀況回復正常，或退而求其次藉由實施事前計畫使銀行能在不影響金融穩定或損及納稅人(即紓困政策)的狀況下退出金融市場。簡而言之其精神在於「卸除大型銀行的系統重要性」。
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| 152 |
Legal and regulatory aspects of mobile financial servicesPerlman, 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
|
| 153 |
Legal and regulatory aspects of mobile financial servicesPerlman, 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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