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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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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 Rules: legal and economic aspects
Časta, Martin ; Dupáková, Lenka (advisor) ; Seknička, Pavel (referee)
The main aim of this work is to describe and explain the capital requirements of the banking sector. Both economically and legally. The thesis is divided into five main parts. First, I deal with the theoretical description and reasoning behind the banking sector regulation. This part of the work emphasized the relation between financial and business cycle, I illustrate their close relation and mutual interaction. Furthermore, the thesis defines capital adequacy in general, its importance and its most important elements and features. Subsequently, the development of the Basel regulation is described in detail, which despite its legal non-binding nature represents the basic rules for capital adequacy. The main emphasis is put on Basel II and Basel III and its implementation in European and Czech law, where the most important concepts are elaborated in detail to analyze and evaluate them. The main topics I deal with are the structure of capital and measurement of market, credit and operational risk. Particular emphasis is placed on the pro-cyclicality of capital requirements, the implications of this pro-cyclicality, and the tools in Basel III to mitigate this feature. Therefore, I describe in detail the additional capital buffers and liquidity requirements introduced in response to tackle this...
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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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