Banking and Finance Law Commons^™

The Impact Of Implementing The Principles Of Good Governance On The Quality Of Administrative Reports In The Palestinian Municipal Councils, Faeyz Abuamria, Nasser Mohammad Soud Jaradat, Mohammad Shaded

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims at clarifying the impact of implementing the principles of good governance on the quality of administrative reports in the Palestinian municipal councils. A questionnaire was designed to pilot the views of mayors, deputy mayors, directors, heads of departments and employees in Bethlehem and Hebron directorates. Results showed that it is too early to talk about sound governance at local councils in the absence of applying the minimal principles of governance such as accountability, transparency and involving staff in decision-making. Furthermore, the administrative reports administered by the heads of administrative departments do not reflect the real situation nor …

The Federal Reserve As Collateral's Last Resort, Colleen M. Baker

Notre Dame Law Review

This Essay is the first step in a broader normative project analyzing the proper balance between legislation and central bank policy—between architecture and implementation—in shaping the Federal Reserve’s collateral framework to best promote market discipline and to minimize credit allocation. Its modest aim is twofold. First, it provides the first analysis of central bank collateral frameworks in the legal scholarship. Second, it analyzes the equilibrium between legislation and central bank policy in the Federal Reserve’s collateral framework in the context of its section 13(3) emergency liquidity authority, lending authority for designated financial market utilities, and swap lines with foreign central …

Crisis, Continuity, And Change In International Investment Law And Arbitration, Valentina Vadi

Michigan Journal of International Law

The dialectic between continuity and change lies at the heart of international law, which seeks to foster peaceful, just, and prosperous relations among nations. International law endeavors to govern the future by applying, in the present, norms that are inherited from the past. Nonetheless, everything flows and in an ever-changing world, some change is needed within the international legal system to ensure its stability especially in time of crisis. Not only can crises constitute means for the development of international law, but they can test, undermine or ultimately buttress the structure of international law. This article explores the connection between …

Considering Sanctions Compliance In Light Of Ucc 4a, Michael Zytnick, Alaina Gimbert

Michigan Business & Entrepreneurial Law Review

As part of a bank’s financial crime compliance program, it is increasingly common to screen and halt the processing of a payment order for compliance investigation where reference is made to a potential, but unconfirmed, target of United States economic sanctions. This essay discusses challenges under Article 4A of the Uniform Commercial Code concerning the timing of such an investigation and the creation of potential liability where a bank wrongly accepts by execution a previously halted payment order received from a sender following five funds transfer business days after the relevant execution date or payment date of that order. In …

Against Balancing: Revisiting The Use/Regulation Distinction To Reform Liability And Compensation Under Investment Treaties, Jonathan Bonnitcha, Emma Aisbett

Michigan Journal of International Law

Investment treaties generate mutual benefits for host states and foreign investors to the extent that they discipline opportunistic conduct by host states. Investment treaties do not necessarily generate mutual benefits insofar as they constrain states’ ability to respond to new information or to change their policy priorities. In a companion paper, we use the tools of law and economics to formalize and clarify the relationship between problems of opportunism on the one hand, and new information and shifts in policy priorities on the other. On this basis, we develop a proposal to reform the legal principles that govern liability and …

The Privacy Cost Of Currency, Karin Thrasher

Michigan Journal of International Law

Banknotes, or cash, can be used continuously by any person for nearly every transaction and provide anonymity for the parties. However, as digitization increases, the role and form of money is changing. In response to pressure produced by the increase in new forms of money and the potential for a cashless society, states are exploring potential substitutes to cash. Governments have begun to investigate the intersection of digitization and fiat currency: Central Bank Digital Currencies (“CBDC”).

States have begun researching and developing CBDCs to serve in lieu of cash. Central banks are analyzing the potential for a CBDC that could …

A New Structuring Option For Funds: The Singapore Variable Capital Company, Vincent Ooi

Research Collection Yong Pung How School Of Law

The Singapore Variable Capital Company (“VCC”) offers a new structuring option for funds. This article considers the features of the VCC in terms of structure, operational aspects and commercial considerations, against the backdrop of similar structures in the BVI and Labuan. It submits that, with statutory modifications, opportunities exist to use the VCC for insurance, captive insurance and family offices.

The Promise And Perils Of Shared Equity Financing, Ernira Mehmetaj, David J. Reiss

Cornell Law Faculty Publications

It is the rare homeowner, or even lawyer, who thinks twice about why mortgages are part of so many real estate transactions. Real estate is expensive, and few have the money to pay cash for a home. As a result, people enter into transactions with mortgage lenders and are exposed to all of the risks that come along with mortgage financing: default, late fees, and foreclosure.

If you stripped away all of our history and our current practices in financing homeownership with mortgages, you might ask how could people with limited assets acquire something as expensive as a home? It …

Regulating Financial Advisers In The Uk: Lessons For Australia, Weiping He, Han-Wei Liu

Research Collection Yong Pung How School Of Law

Prompted by the 2008 Global Financial Crisis, the Australian government introduced the Future of Financial Advice reforms in 2013. It aimed to improve the quality of financial advice by virtue of a best interests duty and a ban on conflicted remuneration, inter alia. Despite the reforms, public trust in financial advisers remains unacceptably low. Adviser misconduct, driven by conflicted selfinterest, remains prevalent. By contrast, there is relatively greater trust in financial advisers in the United Kingdom (‘UK’). This article focuses on how the UK regulates financial advisers, where the best interests duty and suitability rule also apply. The analysis that …

Interior Landmark Designation And Regulation: Should Government Regulate Publicity Inaccessible Interior Landmarks, Victoria Tesone

Cardozo International & Comparative Law Review

The note argues that government regulation of interior landmarks should be contingent upon public access, as such regulation otherwise fails to serve its intended public benefit and unjustly burdens property owners. It proposes that without public access, landmark designation should not impose regulatory obligations on property owners, and suggests that the financial burden of preservation should shift to taxpayers rather than private owners.

Who Killed The Mockingbird?-An Analysis Of Community Theatres' Legal Standing Amid Copyright Disputes Over To Kill A Mockingbird And How To Protect Community Theatres, Yifan Li

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Bargaining In The Shadow Of Investor-State Mediation: How The Threat Of Mediation Will Improve Parties' Conflict Management, Andrea Kupfer Schneider, Nancy A. Welsh

Faculty Scholarship

Issues of access to justice, threats to national sovereignty, and perceptions of inconsistency and arbitrariness have led to a crisis of confidence in the investor-state arbitration system. In response, there has been a successful push for the inclusion of mediation in treaty provisions and arbitration rules, as well as ratification of the Singapore Convention for the expedited enforcement of mediated agreements. Nonetheless, very little mediation is actually occurring on the ground. Efforts to increase the use of mediation have failed to address concerns such as the political costs of settling cases, the lack of coordination between state agencies with different …

Tanggung Jawab Debitur Yang Wanprestasi Terhadap Kreditur Akibat Sertifikat Jaminan Fidusia Yang Tidak Sah (Studi Putusan Mahkamah Agung Nomor 3584 K/Pdt/2018), Inggri Vinaya

Indonesian Notary

The fiduciary guarantee certificate is a legal protection for the fiduciary recipient of the financing agreement agreed with the fiduciary. In the event that the fiduciary commits default, the fiduciary recipient can execute the fiduciary security object. The existence of an executorial title on the fiduciary guarantee protects the fiduciary recipient wherever the object of the fiduciary guarantee is, both the fiduciary and other parties. In the registration of the object of fiduciary security, the parties must pay attention to the correctness of the object of guarantee that is registered because it may harm the parties if it does not …

Analisis Penggunaan Akta Subrogasi Dalam Rangka Implementasi Pasal 2 Qanun Aceh Nomor 11 Tahun 2018 Tentang Lembaga Keuangan Syariah, Yoga Arief Setiawan

Indonesian Notary

Implementasi suatu peraturan perundang-undangan akan memiliki dampak penyesuaian terhadap beberapa aspek. Penyesuaian tersebut sangat berkaitan dengan boleh atau tidaknya suatu perbuatan hukum dilakukan. Dengan berlakunya Qanun Aceh Nomor 11 Tahun 2018 tentang Lembaga Keuangan Syariah, hal tersebut menyebabkan Lembaga Keuangan yang bersifat konvensional tidak dapat beroperasi di Aceh, dengan demikian terdapat rencana konversi transaksi konvensional menjadi transaksi berdasarkan prinsip syariah dalam rangka perpindahan nasabah kredit bank konvensional menjadi nasabah pembiayaan bank syariah di Aceh. Penelitian ini merupakan penelitian yuridis normatif dengan tipe penelitian deskriptif analitis yang memberikan perspektif terhadap mekanisme yang dapat digunakan untuk menyelesaikan permasalahan. Dalam penelitian ini disebutkan …

Tinjauan Yuridis Mengenai Anjak Piutang: Studi Kasus Tentang Perjanjian Anjak Piutang Antara Pt. A Dengan Pt. B, Lina Novita B.

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Factoring in Indonesia is financing activity in the form of short-term trade receivables purchase a company including management of that receivables. This research is normative juridical research with descriptive conceptual approach. The result in this research is factoring agreement without cessie not void the agreement as long as all the parties include the investor known and agreed with that factory agreement however before the agreement have a notary deed, there is not a prestatie that appear from that agreement. Investo (debt recognition notes) issued by investor have not legitimate and it can not void the agreement because the recognition is …

Konsep Penerapan Prinsip Business Judgement Rule Pada Keputusan Direksi Badan Usaha Milik Negara (Bumn), Gita Wanda Sesara

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Member of the Board of Directors (Director) of State Owned Enterprises (BUMN) are appointed and dismissed by the Shareholders which if the shares are one hundred percent owned by the government, then he appointment and dismissal of Director are carried out by the government. As an extension of the government, Director are required to be able to manage the company with integrity, prudence, as well as profit-oriented. Director in carrying out the company activities must be able to prove that the decisions are not based on personal decisions, but only for corporate purposes. Director manages the company by adhering to …

Foreign Direct Investment Negara Kamboja, Amanda Julia

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Investment is divided into 2 (two), namely direct investment or commonly known as foreign direct investment and foreign indirect investment. Foreign direct investment provides benefits for a country that applies it, namely increasing socio-economic development, reducing poverty and transferring technology. Of the many benefits of foreign direct investment, it certainly provides a big benefit for developing countries such as Cambodia. The Cambodian Investment Law of 1994 establishes an open and liberal foreign investment regime. All sectors of the economy are open to foreign investment and the government allows 100 percent foreign ownership of companies in most sectors. In order to …

Aspek Hukum Atas Penerbitan Waran Tanpa Hak Memesan Efek Terlebih Dahulu Sebagai Cara Pembayaran Utang Emiten Pasar Modal Indonesia, Arfan Noer Azwad

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In order to debt restructuring activities, a public company may be able to utilize various capital market instruments deemed to be most appropriate to the circumstances of public companies or issuers. One of them is by selling the equity securities either selling stocks, converting bonds in the settlement of debt restructuring, and / or issuing warrants.Warrants issued as part of a restructuring scheme of the Capital Market Issuers in debt repayments certainly have legal risks which certainly have an impact on shareholders, or on creditors.

Tinjauan Yuridis Penjaminan Simpanan Bank Dalam Likuidasi Terkait Simpanan Unrecorded Akibat Fraud Yang Dilakukan Oknum Bank, Dwinanto Prakoso

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Bank as an agent of development aims to support the implementation of national development in order to improve the distribution of development and its results, economic growth, and national stability towards improving welfare of many people. In the impelemntation of the bank role as an agent of development, banks must carry out their business activities by taking into account public trust in the business of the bank. One of the efforts to maintain public trust in the activity of raising funds by banks, in year 2004 the government established the Deposit Insurance Corporation. One of the functions of the Indonesian …

Index Funds And Millennial Assets, Christopher Bruner

Popular Media

This piece is a review of a forthcoming article titled “Shareholder Value(s): Index Fund ESG Activism and the New Millennial Corporate Governance” (in the Southern California Law Review by M. Barzuza, Q. Curtis and D. Webber). Bruner is a contributing editor to JOTWELL’s Corporate Law section.