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An Overview of Banking Law in Four English-Language Jurisdictions
In each of Chapters 1 to 4, the monograph introduces the legal system of four English-Language jurisdictions, namely Australia, Canada, New Zealand and the United States of America, and then considers the regulators, and some of the laws that regulate, banking activities there. Chapter 5 comprises concluding comments, based upon the work performed for the earlier chapters. In all three federal jurisdictions, namely, Australia, Canada, and the United States of America, banking law falls within the purview of the federal government. Notwithstanding this, the structure and content of the laws differs to some extent which is a result, in part, of the particular history of the jurisdiction.
Bank Regulation, Risk Management, and Compliance
by
Dill, Alexander
in
Anti-money Laundering
,
Bank management -- United States
,
Banking & Finance Law
2020,2019
Bank Regulation, Risk Management, and Compliance is a concise yet comprehensive treatment of the primary areas of US banking regulation - micro-prudential, macro-prudential, financial consumer protection, and AML/CFT regulation - and their associated risk management and compliance systems. The book's focus is the US, but its prolific use of standards published by the Basel Committee on Banking Supervision and frequent comparisons with UK and EU versions of US regulation offer a broad perspective on global bank regulation and expectations for internal governance.
The book establishes a conceptual framework that helps readers to understand bank regulators' expectations for the risk management and compliance functions. Informed by the author's experience at a major credit rating agency in helping to design and implement a ratings compliance system, it explains how the banking business model, through credit extension and credit intermediation, creates the principal risks that regulation is designed to mitigate: credit, interest rate, market, and operational risk, and, more broadly, systemic risk. The book covers, in a single volume, the four areas of bank regulation and supervision and the associated regulatory expectations and firms' governance systems. Readers desiring to study the subject in a unified manner have needed to separately consult specialized treatments of their areas of interest, resulting in a fragmented grasp of the subject matter. Banking regulation has a cohesive unity due in large part to national authorities' agreement to follow global standards and to the homogenizing effects of the integrated global financial markets.
The book is designed for legal, risk, and compliance banking professionals; students in law, business, and other finance-related graduate programs; and finance professionals generally who want a reference book on bank regulation, risk management, and compliance. It can serve both as a primer for entry-level finance professionals and as a reference guide for seasoned risk and compliance officials, senior management, and regulators and other policymakers. Although the book's focus is bank regulation, its coverage of corporate governance, risk management, compliance, and management of conflicts of interest in financial institutions has broad application in other financial services sectors.
Introduction to Islamic banking and finance
Guide to the key characteristics of Islamic banking highlighting how these differ from conventional banking.
The bankers' new clothes
2014,2013
What is wrong with today's banking system? The past few years have shown that risks in banking can impose significant costs on the economy. Many claim, however, that a safer banking system would require sacrificing lending and economic growth.The Bankers' New Clothesexamines this claim and the narratives used by bankers, politicians, and regulators to rationalize the lack of reform, exposing them as invalid.
Admati and Hellwig argue we can have a safer and healthier banking system without sacrificing any of the benefits of the system, and at essentially no cost to society. They show that banks are as fragile as they are not because they must be, but because they want to be--and they get away with it. Whereas this situation benefits bankers, it distorts the economy and exposes the public to unnecessary risks. Weak regulation and ineffective enforcement allowed the buildup of risks that ushered in the financial crisis of 2007-2009. Much can be done to create a better system and prevent crises. Yet the lessons from the crisis have not been learned.
Admati and Hellwig seek to engage the broader public in the debate by cutting through the jargon of banking, clearing the fog of confusion, and presenting the issues in simple and accessible terms.The Bankers' New Clothescalls for ambitious reform and outlines specific and highly beneficial steps that can be taken immediately.
Regulating Capital
2011,2007,2010
Financial instability threatens the global economy. The
volatility of capital movements across national borders has led
many observers to argue for a reformed \"global financial
architecture,\" a body of consistent rules and institutions to
prevent financial crises. Yet regulators have a decidedly mixed
record in their attempts to create global standards for the
financial system. David Andrew Singer seeks to explain the varying
pressures on regulatory agencies to negotiate internationally
acceptable rules and suggests that the variation is largely
traceable to the different domestic political pressures faced by
regulators. In Regulating Capital, Singer provides both a theory of
the effects of domestic pressures on international regulation and a
detailed analysis of regulators' attempts at international
rulemaking in banking, securities, and insurance. Singer addresses
the complexities of global finance in an accessible style, and he
does not turn away from the more dramatic aspects of globalization;
he makes clear the international implications of bank failures and
stock-market crashes, the rise of derivatives, and the catastrophic
financial losses caused by Hurricane Katrina and the events of
September 11.
Financial instability threatens the global economy. The
volatility of capital movements across national borders has led
many observers to argue for a reformed \"global financial
architecture,\" a body of consistent rules and institutions to
prevent financial crises. Yet regulators have a decidedly mixed
record in their attempts to create global standards for the
financial system. David Andrew Singer seeks to explain the varying
pressures on regulatory agencies to negotiate internationally
acceptable rules and suggests that the variation is largely
traceable to the different domestic political pressures faced by
regulators. In Regulating Capital , Singer provides both a
theory of the effects of domestic pressures on international
regulation and a detailed analysis of regulators' attempts at
international rulemaking in banking, securities, and insurance.
Singer addresses the complexities of global finance in an
accessible style, and he does not turn away from the more dramatic
aspects of globalization; he makes clear the international
implications of bank failures and stock-market crashes, the rise of
derivatives, and the catastrophic financial losses caused by
Hurricane Katrina and the events of September 11.
Legal, regulatory and governance issues in Islamic finance
\"From Iran, where all banking is Shari'ah compliant, to Malaysia and the gulf, where Islamic financial institutions compete with conventional banks, Rodney Wilson examines how Islamic financial institutions are licensed and governed by common and civil law. Covering Islamic banks, takaful operators, fund management and Shari'ah-compliant securities, it examines how their assets and liabilities differ from their conventional counterparts and what the implications are for risk management.\"--Publisher.
The Right to Bank
2024
The call for establishing a right to bank holds valid premises, yet this right has never been contemplated before. The book argues that introducing a right to bank under international law can offer a new route to ensure that the banking sector acts as a force for good like ethical banks currently do.The right to bank aims to address the fundamental issues that customers can experience while dealing with banks, introducing the paradigm: \"get access; be respected; trust the system\". The right to bank is a right for everyone: in the transition from a financial crisis to a climate crisis, it empowers individuals to play an active role in the financial system through ethical and sustainable decision-making. It also stimulates financial institutions and governments to reflect about the fundamental role they play and to act wisely in furthering the ecological transition.The book therefore presents a proposal for establishing a right to bank, explaining the issues that this right aims to address, the benefits linked to its adoption, and the intended change it can trigger. Within this context, the author also presents the 10 Principles of Banking Social Responsibility, a new framework that the author decided to create in order to give concrete traction to the positive transition that the banking sector crucially needs to embrace in this challenging historical moment. This innovative work will be valuable for lawmakers, banking and finance professionals and researchers, governments and NGOs, including UN bodies.