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Legal regulation of the activities of banks
Košťál, Filip ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
in English - Diploma thesis - Filip Košťál The topic of this thesis is "Legal Regulation of Banking Activities". Firstly, the thesis describes reasons and theoretical basis for regulation of banks. Next, the thesis focuses on three levels of regulation of banking, i.e., regulation within the Basel Committee on Banking Supervision, which prepares recommendations, which, however, are mostly followed by regulatory activities at the European Union level. Last but not least, the thesis also focuses on Czech legislation, which is, together with directly applicable regulations of the European Union binding for banks carrying out activities in the Czech Republic. The main purpose of this thesis is to provide the reader with a consolidated insight into all three levels of banking regulation and point out potentially problematic points arising out of it. The thesis also illustrates some of the aspects of banking regulation on specific examples from the Czech banking sector. The abovementioned regulatory measures deal mostly with prudential rules for banks. The thesis, however, focuses also on some other selected areas of banking regulation, namely banking secrecy and its release with regard to credit registers, obligations of banks arising out of the act on selected measures against legitimisation of...
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Supervision in the banking industry
Košař, Martin ; Vondráčková, Pavlína (advisor) ; Vybíral, Roman (referee)
The aim of the thesis on Supervision in banking industry is to define the nature of banking regulation and banking supervision, including the rationale for their existence and the analysis of their goals. Another task of this work is to explain the ways of functioning of the basic components of banking regulation and supervision encountered in countries with market economies. The work also highlights the different perspectives, as well as some shortcomings of selected issues and outlines possible solutions. Finally, the aim of the thesis is to critically evaluate selected arguments for and against implementation of the European concept of the Single Supervisory Mechanism, including the assessment of the appropriateness of the Banking Union as a whole. The work is divided into three main parts. The first part is theoretical in nature and focuses on fundamental bases of banking regulation and supervision, with emphasis on their nature, reasons, objectives and possibilities of institutional arrangements. The chapter is supplemented with a discussion of selected regulatory and supervisory authorities which operate internationally. The second part deal with the basic components of the system of bank regulation and supervision which are entry into banking sector, basic rules of banking activities,...
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European banking regulation: a step towards banking union
Kubáňová, Klára ; Kotáb, Petr (referee) ; Kohajda, Michael (referee)
The aim of thesis European banking regulation: a step towards banking union is to analyze rules of banking regulation contained in CRD IV package, as well as other pillars the emerging banking union is built upon. The introduction is devoted to the development of harmonization of banking regulation rules at European and international level. The second part of the thesis focuses on the CRD IV package that comprises of CRR regulation and CRD directive, the reasons of its adoption, consequences and implications. The emphasis is placed especially on the capital reform; the thesis analyzes the qualification of equity instruments (common shares of a bank and additional deposits of a credit union) into Common Equity Tier 1 Capital according to CRD IV rules. The author further analyzes the implications of the regulatory reform for banks conducting banking activities within the European union and impact on legislative framework of the Czech Republic. In the following parts of the thesis the author discusses the nature, consequences and limits of the other pillars of banking union - Single Supervisory Mechanism, Single Resolution Fund and Single Deposit Guarantee Scheme.
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Supervision in banking industry
Kubáňová, Klára ; Vondráčková, Pavlína (advisor) ; Kohajda, Michael (referee)
The aim of submitted thesis Supervision in banking is to define the nature and the importance of banking supervision, to justify its existence and to analyze the applicable mechanisms while the system of banking regulation and supervision in this thesis is primarily examined in the European context, with a focus on the Czech Republic. The thesis is divided into five main chapters. The first chapter is devoted to the financial system and the importance of banks in this system, it defines the characteristics of banking systems, provides the definition of the term bank and describes the banking system and the banking environment in the Czech Republic. The second chapter focuses on general aspects of banking regulation and supervision, it defines and distinguishes these concepts; furthermore, it specifies its objectives and deals with the arguments against banking regulation and supervision. The third chapter analyzes the various instruments of banking regulation, in particular the banking license, and other particular requirements, including but not limited to capital adequacy requirement. The chapter also deals with the compulsory deposits insurance and the position of the central bank as a lender of last resort. The fourth chapter focuses on banking supervision, which involves mainly the examination...
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Regulation of commercial banking by the central bank
Arnstein, Jan ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
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...
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The central bank, its scope of activities and legal status
Volfová, Klára ; Kotáb, Petr (advisor) ; Dřevínek, Karel (referee)
The central bank, its activities and position Abstract Central banks are in today's global banking system an indispensable part of a stable functioning market economies. I was always interested in these issues. I studied these issues in another master's degree course. The subject of this thesis is the central banking system in the Czech Republic and in the European Union. In the first chapter I focus on definition of banking and on the characteristics of three models of the banking system (single-stage, two-and three-stage banking system). The second chapter is the largest of all chapters. In this chapter I deal with the formation of Monetary Union, the creation of the European central banking system and the foundation of the European Central Bank. I analyze the legal base of European Central Bank, its organizational structure, issuing of legal acts, the capital. I deal with the introduction of the euro in member and non-member countries too. Special attention is paid the independence of the European Central Bank. I analyze its institutional, personal, financial, material and budgetary independence. The conclusion of this chapter deals with the preparations for the introduction of the euro in the Czech Republic. In the third chapter I describe the historical development of European central banking and the...
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Resolving banking crises
Juhász, Michal ; Seknička, Pavel (advisor) ; Bažantová, Ilona (referee)
The Diploma Thesis deals with the banking crisis and aims to account for different approaches to the understanding of the nature of banking crisis. The Thesis further aims to provide answers why the banking crisis are caused and why so far there are no measures that would effectivelly prevent such crisis. At first, the Thesis states the definition of banking with the emphasis on banks as the institutional backbone of the current functioning of the financial system. The Thesis pays specific attention to the characteristics of two basic legal banking instruments, particulary loans and deposits. While acknowledging the loan expansion, the thesis argues the role of regulatory authorities and the limits of their competences in regards to the prevention of crisis. Followingly, the Thesis offers a view on a banking crisis phenomenon with appropriate historical overview outlining the banking crisis in Czechoslovakia in years 1918 to 1939 and after 1989, the loan expension influence on the business cycles and approaches to banking crisis solving in respect to stabilization of the banking system and restructuring of banks. At last but not least, the Thesis sums up the global financial crisis that started as a banking crisis, respectively as a crisis of one segment of the banking market in the United States...
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Capital adequacy of banks - grounds, development and prospects of its regulation
Nádvorník, Petr ; Kotáb, Petr (advisor) ; Dřevínek, Karel (referee)
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...
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Banking Regulation: Assessment and Simulation of Regulatory Measures
Klinger, Tomáš ; Teplý, Petr (advisor) ; Jakubík, Petr (referee)
This thesis focuses on international banking regulation, particularly the capital adequacy requirements known as the Basel Accords. In the first part, we study the rationale for regulating the banks and describe the evolution of the Basel Accords, including the newly presented measures known as Basel III. The main conclusion of this part is that the regulation is heavily shaped by the banks themselves and does not always serve the best for protecting the financial system. In the second part dedicated to systemic risk modelling, we first introduce the used methodology and then build an agent-based model which enables us to simulate the impacts of various types of negative shocks given various settings of the banking system and the regulatory environment, including the capital and liquidity measures. Our simulations show firstly that sufficient capital buffers are crucial for systemic stability, secondly that the discretionary measures have little effect once a crisis breaks out and thirdly that liquidity measures are a relevant regulatory tool.
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The effectiveness of monetary policy of the European Central Bank in addressing the debt crisis in the euro area on a specific example of Ireland
Besarab, Olena ; Pavlík, Zdeněk (advisor) ; Bolotov, Ilya (referee)
This thesis focuses on assessing the effectiveness of monetary policy, which was adopted by the European Central Bank in cooperation with the Irish Central Bank in order to overcome the debt crisis in Ireland. It provides a brief overview of the causes of the crisis in the country and focuses on the measures of monetary policy that was taken in addressing the debt crisis. The paper examines the initial targets of anti-crisis policy and their actual implementation. Increased attention has been paid to banking regulation, since insufficient regulation was the primary cause of the crisis that led Ireland into a situation of extreme budget deficit and the subsequent need for a bail-out. The paper points out that in 2014, the Irish economy has seen some growth and reduced the budget deficit as well as government debt, which confirms the effectiveness of certain implemented measures.
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