Regulation of commercial banking by the central bank The aim of my thesis is to clarify the issue of banking regulation of commercial banks in the Czech Republic and to analyze their functioning. Due to the extent of the topic of this thesis I focused mainly on prudential rules for banks, which are one of the main instruments of banking regulation. The introduction defines the Czech banking sector. There are described both of its general characteristics, as well as the particular entities that are present, including the Czech National Bank and its competence in the area of banking regulation and supervision. The second chapter deals with the banking regulation itself. As an introduction it is generally analyzed in theoretical level especially with regard to the reasons for its existence. Further there is also described the current legislation in the Czech Republic in detail, including its link with the rules of international and European law. Then there are presented all its essential parts and its influence to banks is analyzed. The third chapter deals with prudential rules in detail. As an introduction the concept of prudential business is analyzed and the risks of the banking business are described which represents the main aspect of this part of regulation. Further there are analyzed the...

La région du Moyen-Orient et d’Afrique du Nord (MENA) a été le théâtre de réformes institutionnelles et financières ayant pour objectif de promouvoir le développement économique. Alors que les théories traditionnelles se concentrent sur l’accumulation du capital et le progrès technique comme facteurs explicatifs fondamentaux de la croissance économique, les travaux donnant naissance à la « nouvelle économie institutionnelle » ont mis en relief la contribution majeure du développement institutionnel à la croissance économique. L’objectif de cette thèse est de comprendre le rôle de la qualité institutionnelle et de la régulation bancaire dans l’explication du développement financier et de la croissance économique des pays de la région MENA depuis les années 1980. A partir de modélisations économétriques appropriées, la thèse cherche à répondre aux trois grandes questions suivantes : quel rôle jouent la qualité institutionnelle et la régulation bancaire dans l’explication des variations des fonds propres, du risque et de l’efficacité bancaire dans le système bancaire de la région MENA ? Y a-t-il un effet significatif du développement institutionnel sur les développements bancaire et économique ? Dans quelle mesure les différences transnationales en termes de performance économique peuvent-elles être expliquées par des facteurs institutionnels ? Les principaux résultats de la thèse sont que : (i) la qualité institutionnelle a un effet significatif sur les fonds propres, la prise de risque et l’efficacité des banques opérant dans la région du Moyen-Orient et d’Afrique du Nord ; (ii) la régulation bancaire a un effet positif et significatif sur le développement bancaire, et il existe une interdépendance positive et significative entre développement économique et développement bancaire ; (iii) l’effet de la qualité institutionnelle sur les pays qui affichent une faible croissance économique en moyenne est plus fort que l’effet sur les pays à forte croissance économique. / The Middle East and North Africa (MENA) region has witnessed many institutional and financial reforms meant to stimulate economic development. While traditional theories of economic growth promote capital accumulation and technological progress as fundamental determinants of economic development, studies that gave birth to the “new institutional economics” stress the major contribution of institutional development to economic development. The objective of this dissertation is to understand the role of institutional quality and financial regulation in the process of financial development and economic growth in the MENA region since the 1980s. Based on recent and adequate econometric models, this dissertation answers the following questions: What is the role played by institutional quality and banking regulation in explaining capital, risk and efficiency adjustments in the banking system of the MENA region? Is there a positive and significant effect of institutional quality on banking and economic development? Can inter-country differences in terms of economic performance be explained by institutional factors? significant effect on bank capital, excessive risk taking and efficiency of banks operating in the MENA region; (ii) Banking regulation has a positive and significant effect on banking development, and there is positive and significant interdependence between economic growth and banking development; (iii) the impact of institutional quality is stronger in countries that witnessed a weak growth rate on average compared to fast-growing countries where the institutional effect is not significant.

The Legal Regulation of Banking Activities Abstract The subject of this diploma thesis is the legal regulation of the activities of banks. Emphasis is placed on newly regulated areas and topical areas in respect to legislative changes. The primary aim of the thesis is to analyse areas related to the activities of banks and to assess the suitability and sufficiency or redundancy of the legal regulation of the selected areas in terms of the scope and depth of regulation. In this context, the work is complemented by proposals de lege ferenda. The first section is devoted to the subjects of banking regulation. Within this part, the term "bank" is defined, including the assessment of online banks. After that, supervisors, namely the Czech National Bank and the European Banking Authority, are presented together with an outline of their functions. The following section covers the general basis of the regulation of bank activities. The sources of regulation are described, and the objectives and reasons for and against regulation are outlined. A description of processes for entering and exiting the banking sector are included, with a more detailed analysis of procedures for obtaining a banking license. The third section contains an analysis of the selected obligations of banks arising from the legislation regulating...

xi Abstract This thesis aims to provide eclectic legal and economic insight into the history, current principles and possible future development of bank capital adequacy regulation. We have worked with a variety of legal and economic literature and official Basel Committee publications. Our goal was to explore the economic background behind the Basel standards and find its legal ramifications and the incentives they create. In the first chapter, we analyze the economic rationale for banking regulation, explain possible methods of bank capital regulation and juxtapose them with other means of regulatory measures in the field of banking. The first chapter also gives overview of the Basel I framework, its implementation process, describes its utilization of new regulatory techniques, as well as its weaknesses. Second chapter provides overview of Basel II approval process and discusses its transparency and institutionary framework. Problematic issues of CRD directive in the Czech Republic are discussed in contrast with norms of due legislation process. In the next chapter, we describe the mechanics of the Basel II framework. In greater detail, we focus on the issues of securitization, off-balance sheet exposures and methods of "promise-shifting" in the financial system. Examples are used to illustrate the...

A central bank is usually assigned two functions: the control of inflation and the maintenance of a safetybanking sector. What are the precise conditions under which trigger strategies from the private sector can solve the time inconsistency problem and induce the central bank to choose zero inflation under a nonstationary natural rate? Can an optimal contract be used together with reputation forces to implement a desired socially optimal monetary policy rule? How to design a truthtelling contract to control the risk taking behaviors of the bank? My dissertation attempts to deal with these issues using three primary methodologies: monetary economics, game theory and optimal stochastic control theory.

A central bank is usually assigned two functions: the control of inflation and the maintenance of a safetybanking sector. What are the precise conditions under which trigger strategies from the private sector can solve the time inconsistency problem and induce the central bank to choose zero inflation under a nonstationary natural rate? Can an optimal contract be used together with reputation forces to implement a desired socially optimal monetary policy rule? How to design a truthtelling contract to control the risk taking behaviors of the bank? My dissertation attempts to deal with these issues using three primary methodologies: monetary economics, game theory and optimal stochastic control theory.

Ao longo da história econômica, assistiu-se a crises financeiras das quais derivaram crises bancárias com fortes efeitos sobre a atividade econômica, mesmo com estruturas regulatórias que amparam esse mercado. Recentemente, observa-se que o mercado financeiro atravessou mais uma dessas crises bancárias com as mesmas características históricas das demais, apesar de uma estrutura regulatória centrada num tripé de requerimento mínimo de capital, seguro-depósito e emprestador de última instância. A dissertação descreve a crise de 2007-2009 e seus elementos, e demonstra como essas instituições foram insuficientes para inibir ou mitigar a crise de crédito, em face de mudança do modus operantis do mercado bancário tradicional. / Throughout history there has been economic financial crises, which derived in banking crises with strong effects on economic activity, even with regulatory structures that support this market. Recently, the financial market has experienced more of these banking crises with the same historical features of the other, despite a regulatory framework that focuses on a tripod of minimum capital requirement, safe-deposit and lender of last resort. The dissertation describes the crisis of 2007-2009 and its elements and demonstrates how these institutions were insufficient to inhibit or mitigate credit crisis, in the face of changing modus operantis traditional bank market.

Ao longo da história econômica, assistiu-se a crises financeiras das quais derivaram crises bancárias com fortes efeitos sobre a atividade econômica, mesmo com estruturas regulatórias que amparam esse mercado. Recentemente, observa-se que o mercado financeiro atravessou mais uma dessas crises bancárias com as mesmas características históricas das demais, apesar de uma estrutura regulatória centrada num tripé de requerimento mínimo de capital, seguro-depósito e emprestador de última instância. A dissertação descreve a crise de 2007-2009 e seus elementos, e demonstra como essas instituições foram insuficientes para inibir ou mitigar a crise de crédito, em face de mudança do modus operantis do mercado bancário tradicional. / Throughout history there has been economic financial crises, which derived in banking crises with strong effects on economic activity, even with regulatory structures that support this market. Recently, the financial market has experienced more of these banking crises with the same historical features of the other, despite a regulatory framework that focuses on a tripod of minimum capital requirement, safe-deposit and lender of last resort. The dissertation describes the crisis of 2007-2009 and its elements and demonstrates how these institutions were insufficient to inhibit or mitigate credit crisis, in the face of changing modus operantis traditional bank market.

Ao longo da história econômica, assistiu-se a crises financeiras das quais derivaram crises bancárias com fortes efeitos sobre a atividade econômica, mesmo com estruturas regulatórias que amparam esse mercado. Recentemente, observa-se que o mercado financeiro atravessou mais uma dessas crises bancárias com as mesmas características históricas das demais, apesar de uma estrutura regulatória centrada num tripé de requerimento mínimo de capital, seguro-depósito e emprestador de última instância. A dissertação descreve a crise de 2007-2009 e seus elementos, e demonstra como essas instituições foram insuficientes para inibir ou mitigar a crise de crédito, em face de mudança do modus operantis do mercado bancário tradicional. / Throughout history there has been economic financial crises, which derived in banking crises with strong effects on economic activity, even with regulatory structures that support this market. Recently, the financial market has experienced more of these banking crises with the same historical features of the other, despite a regulatory framework that focuses on a tripod of minimum capital requirement, safe-deposit and lender of last resort. The dissertation describes the crisis of 2007-2009 and its elements and demonstrates how these institutions were insufficient to inhibit or mitigate credit crisis, in the face of changing modus operantis traditional bank market.

This thesis deals with the current legislation of banking regulation in the Czech Republic. It analyzes both Czech and relevant European regulation that has increasing importance in the area. Moreover, the most significant amendments enacted as a result of the Basel III implementation are pointed out. The issue is viewed from an interdisciplinary perspective therefore, in addition to the analysis of current legislation, its economic impact on the Czech banking sector is also evaluated. Due to the enormous breadth of the banking regulation field, this thesis focuses on examining the areas considered most essential by the author. The first introductory chapter lays down the theoretical foundations of banking and banking regulation and thoroughly defines the term "bank", both legally and economically. The second chapter deals with banking licensure, which plays a crucial role in the regulation of accessing the activity of banks. It analyzes the requirements that have to be met in order to be authorized, as well as the issue of the single EU passport and the withdrawal of the authorization. The third chapter deals with the wide and significant area of banking risks. The discussion assesses the nature of each risk, as well as methods for their measurement and management, and capital requirements. The predominant...