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Legal regulation of the activities of banks
Jedlička, Jan ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The subject matter of this thesis is a treatise on legal regulation of bank activities. I have chosen this topic for its recency in a connection with global financial crisis and also in a connection with application of new European legislation in the field of bank regulation. Activities of banks belong among one of the most regulated market areas because eventual failures of banks are very dangerous not only for a functioning of the bank system but also for a huge amount of other subjects dependent on proper financial factoring. An importance of bank regulation is also given by a large amount of depositors who have their money deposited with the bank and who can lose their funds in the case of a failure of the bank unless the institutes of the financial safety net will provide compensation. Regulatory rules impact on banks already in the phase of their origin. There are strict conditions for an obtaining of the bank license from a reason of a prevention of an entry of unhealthy business subjects to bank market to avoid problems prior to their creation. An exit from bank market is also regulated in the form of a different legal regulation of insolvency and liquidation of the bank. The thesis is divided into eleven chapters which are divided into several subsequent subchapters. The thesis starts with...
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Legal regulation of the activities of banks
Dudrová, Kateřina ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
This diploma thesis deals with the regulation of the activities of banks, which has already been relatively extensive but as a result of the most recent financial crisis, it has been extended by new rules and requirements. The aim of this thesis is to clarify the essence of the basic obligations of the banks related to the entry into the banking sector and to working in the sector, and last but not least to leaving the sector and to the termination of the banking activity. All these obligations are then amended by new requirements for crisis management and the insurance of deposits, which are also based on prudential and precautionary principles and aim at maintaining the security and stability of the banking sector. This thesis is divided into six individual chapters but they are connected with each other. The initial chapter defines the key concept of this thesis, namely the concept of the bank from the legal perspective because the legal definition of the bank is slightly different than the economic definition. This thesis as well enumerates the forms of legal regulation that can be used in this area of law, whether it concerns directly applicable European legislation, primary or delegated legislation or non-binding statements and recommendations of regulators. Then the following chapters deal...
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Legal Regulation of Prudential Rules in Financial Market Area
Čížek, Bedřich ; Bakeš, Milan (advisor) ; Marková, Hana (referee) ; Dřevínek, Karel (referee)
Univerzita Karlova v Praze Právnická fakulta Disertační práce Právní úprava obezřetnostních pravidel v oblasti finančního trhu (Legal Regulation of Prudential Rules in Financial Market Area) JUDr. Bedřich Čížek Summary: The main objective of this thesis is to provide a comprehensive and systematic view of prudential rules in the selected area of financial market regulation with an emphasis on critical reflection of the various legal institutes and intersectional comparison of the relevant legal rules. Particular questions that this thesis attempts to answer within it's main goal are: (i) what is the essence of prudential rules in the financial market regulation (quid juris?) and (ii) whether current prudential rules in the Czech legal system meet the criteria required by legal theory on the form and the content of legislation and on the rational configuration of the legal system. The thesis also includes constructive criticism of examined issues, particularly in terms of the accuracy of the transposition of the relevant EU legislation, legal certainty of transposed provisions regarding its' recipients and the efficiency of the current legislation when designing prudential rules in question, and includes several recommendations de lege ferenda as well. The outcome of this thesis is a systematic,...
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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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Legal regulation of the activities of banks
Jedlička, Jan ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The subject matter of this thesis is a treatise on legal regulation of bank activities. I have chosen this topic for its recency in a connection with global financial crisis and also in a connection with application of new European legislation in the field of bank regulation. Activities of banks belong among one of the most regulated market areas because eventual failures of banks are very dangerous not only for a functioning of the bank system but also for a huge amount of other subjects dependent on proper financial factoring. An importance of bank regulation is also given by a large amount of depositors who have their money deposited with the bank and who can lose their funds in the case of a failure of the bank unless the institutes of the financial safety net will provide compensation. Regulatory rules impact on banks already in the phase of their origin. There are strict conditions for an obtaining of the bank license from a reason of a prevention of an entry of unhealthy business subjects to bank market to avoid problems prior to their creation. An exit from bank market is also regulated in the form of a different legal regulation of insolvency and liquidation of the bank. The thesis is divided into eleven chapters which are divided into several subsequent subchapters. The thesis starts with...
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