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Articles 1 - 30 of 71
Full-Text Articles in Law
The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz
The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz
Mark E. Budnitz
No abstract provided.
The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz
The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz
Mark E. Budnitz
No abstract provided.
Al Bai Bithaman Ajil- The Grant Of Ibra In Customer Default Situations, Jonathan Chen Yeen Muk
Al Bai Bithaman Ajil- The Grant Of Ibra In Customer Default Situations, Jonathan Chen Yeen Muk
Jonathan Muk
The Al Bai Bithaman Ajil (“BBA”) facility is an Islamic financing facility based on underlying purchase and sales agreements. When bank customers default on their instalment obligations under the facility, the grant of ibra (rebate) in Al Bai Bithaman Ajil (“BBA”) facilities is a contentious issue. This article provides an analysis of the Malaysian judgments with respect to ibra and BBA facilities. It seeks to identify the best way for courts to approach ibra in the absence of legislation or executive direction. It is suggested that while implied terms, unconscionability and even recharacterisation of the BBA facilities have been used …
Arbitration Of Disputes Between Consumers And Financial Institutions: A Serious Threat To Consumer Protection, Mark E. Budnitz
Arbitration Of Disputes Between Consumers And Financial Institutions: A Serious Threat To Consumer Protection, Mark E. Budnitz
Mark E. Budnitz
No abstract provided.
The Comprehensive Capital Analysis And Review And The New Contingency Of Bank Dividends, Robert F. Weber
The Comprehensive Capital Analysis And Review And The New Contingency Of Bank Dividends, Robert F. Weber
Robert F. Weber
Historically, bank regulators have restricted bank dividends as part of a larger effort to preserve banks’ capital and make them more able to withstand losses. In today’s dynamic banking markets, the formulaic and rigid ways by which regulators have traditionally policed dividends have become anachronistic. Against this background, the Federal Reserve Board has attempted to update and reinvigorate dividend regulation through two regulatory reforms: (1) the Comprehensive Capital Analysis and Review (CCAR) program and (2) the Dodd-Frank Act stress testing program. This Article explores the important practical and theoretical implications that result from these regulatory reforms. As a practical matter, …
The Nature Of Banking Pay Late Penalties And The Possibility Of Its Adjustment In The Banking System In Iran, Masoud Ostovan
The Nature Of Banking Pay Late Penalties And The Possibility Of Its Adjustment In The Banking System In Iran, Masoud Ostovan
masoud ostovan
The nature of banking pay late penalties and the possibility of its adjustment in the banking system in Iran.
Is There An Emerging Fiduciary Duty To Consider Human Rights?, Cynthia A. Williams, John M. Conley
Is There An Emerging Fiduciary Duty To Consider Human Rights?, Cynthia A. Williams, John M. Conley
Cynthia A. Williams
No abstract provided.
Canadian Pension Funds: Investments And Role In The Capital Markets And Corporate Governance, Poonam Puri, P. M. Vasudev
Canadian Pension Funds: Investments And Role In The Capital Markets And Corporate Governance, Poonam Puri, P. M. Vasudev
Poonam Puri
The article analyzes Canadian pension funds from the perspectives of corporate governance and the capital markets. It reviews their investment allocations and revenue patterns since the 1990s and identifies significant changes. The article finds that pension funds, as shareholders, have turned more activist and they wield considerable influence on corporate governance. They also contribute to shaping public policy, as evident from the relaxation of the rules on foreign investment and the removal of restrictions on communications among shareholders. The paper predicts that the role of pension funds will likely further expand in the future, given the constant rise in their …
Allocation Of Sender Risks In Wire Transfers: The Common Law And Ucc Article 4a [Part 2], Benjamin Geva
Allocation Of Sender Risks In Wire Transfers: The Common Law And Ucc Article 4a [Part 2], Benjamin Geva
Benjamin Geva
No abstract provided.
Allocation Of Sender Risks In Wire Transfers: The Common Law And Ucc Article 4a [Part 1], Benjamin Geva
Allocation Of Sender Risks In Wire Transfers: The Common Law And Ucc Article 4a [Part 1], Benjamin Geva
Benjamin Geva
No abstract provided.
The Beneficiary’S Bank And Beneficiary Described By Name And Number: Liability Chain And Liability Standard In Wire Transfers (Part 2), Benjamin Geva
The Beneficiary’S Bank And Beneficiary Described By Name And Number: Liability Chain And Liability Standard In Wire Transfers (Part 2), Benjamin Geva
Benjamin Geva
This article deals with issues evolving around the identification of the beneficiary in the last payment order in the credit transfer received by the last bank in the transfer chain ("beneficiary's bank"), the duties of the beneficiary's bank in the case of an ambiguous description of the beneficiary in the payment order, and the liability of the beneficiary's bank in case it broke such duties.
Payment Transactions Under The Eu Payment Services Directive: A U.S. Comparative Perspective, Benjamin Geva
Payment Transactions Under The Eu Payment Services Directive: A U.S. Comparative Perspective, Benjamin Geva
Benjamin Geva
This article endeavours to analyse the provisions of Title IV governing rights and obligations in relation to the provision and use of payment services. Analysis is particularly from a US comparative perspective. Attention will be given to Uniform Commercial Code ("UCC") Article 4A, which governs U.S. wire and other credit transfers as well as federal laws governing consumer retail payment systems. A broader but related objective of the article is the assessment of the contribution of Title IV to the harmonization of funds transfer and payment law, not only by comparison to the U.S., but also by reference to a …
Legislative Power In Relation To Transfers Of Securities: The Case For Provincial Jurisdiction In Canada, Benjamin Geva
Legislative Power In Relation To Transfers Of Securities: The Case For Provincial Jurisdiction In Canada, Benjamin Geva
Benjamin Geva
No abstract provided.
Irrevocability Of Bank Drafts, Certified Cheques And Money Orders, Benjamin Geva
Irrevocability Of Bank Drafts, Certified Cheques And Money Orders, Benjamin Geva
Benjamin Geva
This article deals with three types of negotiable instruments payable on demand which are issued, stamped or signed by banks prior to their collection and payment, and used as mechanisms for the transmission of funds. These instruments are the bank draft, including the bank money order, the certified cheque, and the personal money order. The article is concerned with the binding effect, or the irrevocability, of the bank's obligation on these instruments under the law of bills and notes. It concludes that (1) the issuer of the bank draft is liable as a drawer, and under some circumstances, also as …
Insolvent Bank’S Irrevocable Credit As Priority Payment Instrument: Barclays Bank V. Price Waterhouse, Benjamin Geva
Insolvent Bank’S Irrevocable Credit As Priority Payment Instrument: Barclays Bank V. Price Waterhouse, Benjamin Geva
Benjamin Geva
No abstract provided.
Settlement Finality And Associated Risks In Funds Transfers – When Does Interbank Payment Occur?, Benjamin Geva
Settlement Finality And Associated Risks In Funds Transfers – When Does Interbank Payment Occur?, Benjamin Geva
Benjamin Geva
This paper addresses the first meaning of settlement finality, that is, the discharge of the interbank obligation. The discussion focuses on large-value transfer systems, namely, "systematically important" payment systems, and examines settlement finality therein under the provisions of Article 4A of the Uniform Commercial Code-Funds Transfers. Primary attention is given to the various implications of settlement finality under Article 4A, as well as to compliance with the statutory scheme with BIS Core Principles, in conjunction with system rules. Following the present discussion on the meaning of settlement finality, Part 2 of the paper sets out settlement mechanisms in large-value transfer …
The Beneficiary’S Bank And Beneficiary Described By Name And Number: Liability Chain And Liability Standard In Wire Transfers (Part 1), Benjamin Geva
The Beneficiary’S Bank And Beneficiary Described By Name And Number: Liability Chain And Liability Standard In Wire Transfers (Part 1), Benjamin Geva
Benjamin Geva
This article deals with issues evolving around the identification of the beneficiary in the last payment order in the credit transfer received by the last bank in the transfer chain ("beneficiary's bank"), the duties of the beneficiary's bank in the case of an ambiguous description of the beneficiary in the payment order, and the liability of the beneficiary's bank in case it broke such duties.
Tax Treatment Of Derivative Instruments, Oluwaseun Viyon Ojo
Tax Treatment Of Derivative Instruments, Oluwaseun Viyon Ojo
Oluwaseun Viyon Ojo
The article provides an analysis of the various types of derivative instruments traded on the capital markets. As derivative instruments become frequently tradable in the Nigerian Financial market in the near projected future, it is expedient that the concerned companies plan adequately for the tax implications of such transactions and the appropriate tax authorities know how to treat the instrument of derivatives for the purpose of imposition of relevant taxes. This paper therefore dealt with the treatment of these instruments under the Capital Gains Tax Act (CGTA) and Companies Income Tax Act (CITA), though there are no specific rules for …
Bank Bankruptcy In Canada: A Comparative Perspective, Stephanie Ben-Ishai
Bank Bankruptcy In Canada: A Comparative Perspective, Stephanie Ben-Ishai
Stephanie Ben-Ishai
During the Great Depression (1930-1933), over 9,000 banks failed in the United States, while not a single bank failed in Canada. In fact, there have been relatively few instances of bank bankruptcy proceedings in Canada from 1867 to present. Approximately eleven bank bankruptcies have been referenced in the case law to date. The first bank bankruptcy appears to be the Bank of Prince Edward Island (1882). Next came the Exchange Bank of Canada (1883), [FN3] followed by the Maritime Bank (1887), the Central Bank of Canada (1887), La Banque Ville Marie (1899), the Farmers Bank of Canada (1910), the Monarch …
Overview Article, Stephanie Ben-Ishai, Tony Duggan
Overview Article, Stephanie Ben-Ishai, Tony Duggan
Stephanie Ben-Ishai
No abstract provided.
School Financing In Legal And Nonlegal Perspective, Ronald C. Brown
School Financing In Legal And Nonlegal Perspective, Ronald C. Brown
Ronald Brown
No abstract provided.
Democratizing Startups, Seth C. Oranburg
Democratizing Startups, Seth C. Oranburg
Seth C Oranburg
The Jumpstart Our Business Startups Act of 2012 intends to “help entrepreneurs raise the capital they need to put Americans back to work and create an economy that’s built to last.” The goal is to “democratize startups” by making capital available to diverse entrepreneurs in new geographies. Yet the net effect of securities regulations and market conditions is the opposite. Startup companies are encouraged to stay private so capital is consolidating in large, mature firms instead of recycling into new startups. Evidence of consolidation is that once-rare “Unicorns” (billion-dollar startups) now number over 111. More money is going into huge …
203 N. Lasalle Five Years Later: Answers To The Open Questions, 38 J. Marshall L. Rev. 61 (2004), Paul B. Lewis
203 N. Lasalle Five Years Later: Answers To The Open Questions, 38 J. Marshall L. Rev. 61 (2004), Paul B. Lewis
Paul Lewis
No abstract provided.
Responsible Profitability? Not On My Balance Sheet!, Arthur Acevedo
Responsible Profitability? Not On My Balance Sheet!, Arthur Acevedo
Arthur Acevedo
No abstract provided.
Ots Vs The Bar: Must Atorneys Advise Directors That The Directors Owe A Duty To The Depository Fund?, Susan Saab Fortney
Ots Vs The Bar: Must Atorneys Advise Directors That The Directors Owe A Duty To The Depository Fund?, Susan Saab Fortney
Susan S. Fortney
This article explores the liability of attorneys representing depository institutions. Part I of this article introduces the controversy over the proper role of bank counsel following the bank and thrift crisis. Part II discusses the first Office of Thrift Supervision (OTS) actions against attorneys. Part III considers the emerging theory of liability based on counsel’s duty to advise directors on their duties to depositors and the depository fund. In Part IV, a comparison of the experience of the securities bar to that of the banking bar demonstrates how the government’s enforcement activity has already changed attorney’s perceptions of their role …
Detection Of Mycobacterium Ulcerans In The Environment Predicts Prevalence Of Buruli Ulcer In Benin, Heather R. Williamson, Mark Eric Benbow, Lindsay P. Cambell, Christian R. Johnson, Ghislain Sopoh, Yves Barogui, Richard W. Merritt, Pamela L. C. Small
Detection Of Mycobacterium Ulcerans In The Environment Predicts Prevalence Of Buruli Ulcer In Benin, Heather R. Williamson, Mark Eric Benbow, Lindsay P. Cambell, Christian R. Johnson, Ghislain Sopoh, Yves Barogui, Richard W. Merritt, Pamela L. C. Small
Christian A. Johnson
Background: Mycobacterium ulcerans is the causative agent of Buruli ulcer (BU), a destructive skin disease found predominantly in sub-Saharan Africa and south-eastern Australia. The precise mode(s) of transmission and environmental reservoir(s) remain unknown, but several studies have explored the role of aquatic invertebrate species. The purpose of this study was to investigate the environmental distribution of M. ulcerans in south-eastern Australia.
Regulatory Arbitrage, Extraterritorial Jurisdiction, And Dodd-Frank: The Implications Of Us Global Otc Derivative Regulation, Christian Johnson
Regulatory Arbitrage, Extraterritorial Jurisdiction, And Dodd-Frank: The Implications Of Us Global Otc Derivative Regulation, Christian Johnson
Christian A. Johnson
No abstract provided.
Assessing A Decade Of Interstate Bank Branching, Christian A. Johnson, Tara Rice, Ph. D.
Assessing A Decade Of Interstate Bank Branching, Christian A. Johnson, Tara Rice, Ph. D.
Christian A. Johnson
Since its inception, US. banking regulation has effectively prohibited a bank from opening or owning a branch located outside of its home state, commonly referred to as interstate branching. Only since the passage of the Riegle-Neal Interstate Banking and Branching Efficiency Act (IBBEA) of 1994 have banks been able to engage in interstate branching, albeit still subject to significant state restrictions. Despite IBBEA 's removal of those barriers, it still allowed the states to impose anticompetitive restrictions governing the entry of out-of-state banks through the establishment of branch offices. As a result, states that were opposed to entry used IBBEA …
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
Miguel Martínez
The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Saule T. Omarova
The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …