By Kenneth Kaoma Mwenda
This e-book breathes new lifestyles within the felony spheres of banking supervision and systemic financial institution restructuring, addressing modern felony matters in those fields. It additionally presents a unique examine at the jurisprudence of banking. The booklet comprises finished insurance of advancements in nations corresponding to the united kingdom (including eu Union practices), Norway, Sweden, Finland, Denmark, Russia, Germany, New Zealand, Australia, Latvia, Estonia, Bulgaria, Thailand, the Philippines, Korea, Singapore, Malaysia, Japan, Canada, the us, Italy, Zambia, and a few Latin and South American states. The e-book notes that during the commercially subtle global during which banks more and more locate themselves, the multi-faceted nature of banking company increases a couple of advanced concerns. for instance, how can we supervise actions of banks that relate to non-banking monetary companies? additional, how can we restructure banks engaged in such actions and what's the method of restructuring the full banking approach if it fails? Is there a selected tool-kit for every of those occasions or should still we undertake a realistic technique of continuing on a case by means of case foundation? Are felony instruments, on their lonesome, adequate? Or, are accounting and finance instruments, equivalent to capital adequacy standards, monetary threat tests and deposit coverage the answer? and the way can we handle issues corresponding to
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This ebook breathes new lifestyles within the criminal spheres of banking supervision and systemic financial institution restructuring, addressing modern criminal concerns in those fields. It additionally offers a singular learn at the jurisprudence of banking. The publication comprises finished insurance of advancements in nations equivalent to the united kingdom (including ecu Union practices), Norway, Sweden, Finland, Denmark, Russia, Germany, New Zealand, Australia, Latvia, Estonia, Bulgaria, Thailand, the Philippines, Korea, Singapore, Malaysia, Japan, Canada, the us, Italy, Zambia, and a few Latin and South American states.
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Additional info for Banking Supervision and Systematic Bank Restructuring: An International and Comparative Perspective
Each such agency should possess operational independence and adequate resources. A suitable legal framework for banking supervision is also necessary, including provisions relating to authorisation of banking organisations and their ongoing supervision; powers to address compliance with laws as well as safety soundness concerns; and legal protection for supervisors. Arrangements for sharing information between supervisors and protecting the confidentiality of such information should be in place.
Broadly, the jurisprudence about the meaning of banking has arisen in three contexts. The first revolves around regulation: for example, is a particular body in breach of the law since it is carrying on banking business in the jurisdiction without a banking licence? Secondly, some legislation confers a privilege or protection on ‘banks’ without defining them, and the issue becomes whether a particular body can take advantage of it. For example, under s 4(1) of the Cheques Act 1957 [UK statute], bankers (undefined) who convert cheques by collecting them for customers have a defence if they can establish that they acted in good faith and without negligence.
25 Banking Supervision and Systemic Bank Restructuring distortion to market signals and discipline. 38 Some lessons of experience in systemic bank restructuring In a pre-crisis scenario, both in the case of individual bank restructuring and systemic bank restructuring,39 one of the major constraints is the lack of incentives for bank managers and supervisors to recognise and resolve insolvent institutions. 42 However, in undertaking systemic bank restructuring, a clear understanding of what has worked or failed in the past is important in guiding countries that are formulating their own plans for reforms.
Banking Supervision and Systematic Bank Restructuring: An International and Comparative Perspective by Kenneth Kaoma Mwenda