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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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Mortgage crisis
Archalous, Martin ; Pokorný, Jan (advisor) ; Bažantová, Ilona (referee)
The thesis deals with the US mortgage crisis of 2008. The mortgage crisis, the following financial crisis and the debt crisis have affected billions of people around the world. It has been widely covered in literature. This thesis, however, takes a different approach. It analyses the crisis form the point of view of law and economics, looking for overlaps between those disciplines. The author does not accept the divide between law and economics. It is necessary to consider both views in order to understand the crisis. This work does not seek causes of the crisis primarily in the banks and the lack of regulation, as is common view. Rather, this thesis looks for systemic failures and root causes. It focuses on monetary policy (especially the US Fed), the regulatory institutions, bank management and the role of credit rating agencies and exotic financial instruments. In the first part of the work, the author looks at possible causes in different areas: Monetary policy and global trade imbalances, regulation of the mortgage market and government support of affordable housing, banks and their management (corporate governance), regulation and deregulation of the banking sector (with emphasis on the functioning of regulatory institutions, their legal basis and historical context), so-called securitization and...
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Subordinated bonds as a Tier 2 capital instrument
Fiala, Martin ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Subordinated bonds as a Tier 2 capital instrument Abstract This rigorous thesis the topic of which is "Subordinated bonds as a Tier 2 capital instrument" elaborates on bank regulation and possible ways of how to comply with it. Specifically, whether it is possible (and how) to meet Tier 2 capital requirement as one of the requirements of capital adequacy. Following the introduction to this rigorous thesis and setting forth the scientific methods of work the author follows a development of capital adequacy as one of the core requirements of the current bank regulation. This historical development has been put into conjunction with the leading feature of this development - whether it was a globalisation of banking services or specificities of 2008 financial crisis. The Tier 2 capital requirement is explained on this background. This topic is completed with the purely economic chapter that elaborates and explains reasons of financial regulation and goals that the financial regulation tends to accomplish. To be specific, it concerns the theoretical model of perfect competition and particular market failures. The understanding of market failures is a key to the well-drafted financial regulation. While banks tend to complain about the amount of regulation they need to comply with on a daily basis, the goal of...
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Legal and Economic Aspects of Securitisation
Urbancová, Barbora
186 13 ABSTRACT Theme of this dissertation is "Legal and economic aspects of securisiation". The main goal of the dissertation is to perform a comprehensive legal analysis of the issues relating to transactions, which can be termed securitisations, regarding also related economic aspects, while focusing especially on the analysis of special public law regulation of certain aspects related to securitisation under Czech law. The dissertation contains nine chapters. The first chapter specifies the theme of the work, its content, structure, main sources, goals and methods applied. The second chapter provides the basis for the subsequent legal analyses elaborated within the following chapters, as it deals with the general meaning and purpose of securisitation, its definition under applicable law, a standard structure of securitisation transaction and most common products of securitisation including evaluation of their character under Czech law. The essential issue rests with the interpretation of the general definition of the term securitisation in a way it is accepted in financial sector, it means as a tool of structured finance that covers all possible variations of secturisation transactions, as well as the interpretation of the definition of the term securitisation with respect to special public law...
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Three Essays on Bank-Sourced Credit Risk Estimates
Štěpánková, Barbora ; Krištoufek, Ladislav (advisor) ; Teplý, Petr (referee) ; Seow, Hsin-Vonn (referee) ; Ansell, Jake (referee)
The aim of the thesis is to bring new insights into banks' internal credit risk estimates and their application in estimation of credit transition matrices, which are an important part of credit risk modelling with limited publicly available sources. The doctoral thesis consists of three essays that jointly analyse features of bank- sourced credit risk data and practicalities of transition matrices estimation. In the first essay, I empirically test two assumptions widely used for estimation of transition matrices: Markovian property and time homogeneity. The results indicate that internal credit risk estimates do not satisfy the two assumptions, showing evidence of both path-dependency and time heterogeneity even within a period of economic expansion. Contradicting previous findings based on data from credit rating agencies, banks tend to revert their past rating actions. The second essay analyses the extent to which transition matrices depend on the characteristics of the underlying overlapping bank-sourced credit risk datasets and the aggregation method. It outlines that the choice of aggregation approach has a substantial effect on credit risk model results. I also show that bank-sourced transition matrices are more dynamic than those produced by credit rating agencies and introduce industry-specific...
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Credit transactions in corporate banking
Hlúbiková, Helena ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Credit transactions in corporate banking Abstract Credit transactions in corporate banking are among the significant active transactions of Czech banks. However, there are a number of specific risks related to these transactions. Those risks are the reason why these transactions are being given increased attention not only by banks but also by the legislator. As a result, there is an increasing number of banking and other public law norms that have a significant impact on bank corporate lending. Therefore, the subject of this thesis is to carry out legal analysis of banking corporate credit transactions, especially with regard to their financial regulation. This thesis is divided into four parts. The first one focuses on the financial definition of these transactions, their types, risks, and other related aspects. The second part presents an overview and analysis of banking and other public law norms regulating these transactions, both Czech and those accepted under the European Union law. Therefore, within this part are elaborated in relation to these transactions not only the prudential requirements arising from the Act on Banks, Prudential Decree No. 163/2014 Coll. or the directly applicable CRR regulation, but also the requirements of European laws implemented in the Czech legislation through BRRD, AMLD...
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Subordinated bonds as a Tier 2 capital instrument
Fiala, Martin ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Subordinated bonds as a Tier 2 capital instrument Abstract This rigorous thesis the topic of which is "Subordinated bonds as a Tier 2 capital instrument" elaborates on bank regulation and possible ways of how to comply with it. Specifically, whether it is possible (and how) to meet Tier 2 capital requirement as one of the requirements of capital adequacy. Following the introduction to this rigorous thesis and setting forth the scientific methods of work the author follows a development of capital adequacy as one of the core requirements of the current bank regulation. This historical development has been put into conjunction with the leading feature of this development - whether it was a globalisation of banking services or specificities of 2008 financial crisis. The Tier 2 capital requirement is explained on this background. This topic is completed with the purely economic chapter that elaborates and explains reasons of financial regulation and goals that the financial regulation tends to accomplish. To be specific, it concerns the theoretical model of perfect competition and particular market failures. The understanding of market failures is a key to the well-drafted financial regulation. While banks tend to complain about the amount of regulation they need to comply with on a daily basis, the goal of...
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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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Mortgage crisis
Archalous, Martin ; Pokorný, Jan (advisor) ; Bažantová, Ilona (referee)
The thesis deals with the US mortgage crisis of 2008. The mortgage crisis, the following financial crisis and the debt crisis have affected billions of people around the world. It has been widely covered in literature. This thesis, however, takes a different approach. It analyses the crisis form the point of view of law and economics, looking for overlaps between those disciplines. The author does not accept the divide between law and economics. It is necessary to consider both views in order to understand the crisis. This work does not seek causes of the crisis primarily in the banks and the lack of regulation, as is common view. Rather, this thesis looks for systemic failures and root causes. It focuses on monetary policy (especially the US Fed), the regulatory institutions, bank management and the role of credit rating agencies and exotic financial instruments. In the first part of the work, the author looks at possible causes in different areas: Monetary policy and global trade imbalances, regulation of the mortgage market and government support of affordable housing, banks and their management (corporate governance), regulation and deregulation of the banking sector (with emphasis on the functioning of regulatory institutions, their legal basis and historical context), so-called securitization and...
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Four Essays on Financial Stability
Jakubík, Petr ; Dědek, Oldřich (advisor) ; Mejstřík, Michal (referee) ; Kodera, Jan (referee) ; Peltonen, Tuomas (referee)
Recent episodes of financial instability have motivated researchers as well as policy makers to intensify research on financial stability. This thesis contributes to current research and policy discussion by elaborating and empirically testing methodologies, which can be used to measure financial sector vulnerabilities and identify potential risks for financial stability. It further focuses on the link between real and the financial sector as well as possible implications of household financial distress on the aggregate economy. Together with the proposed framework we provide the survey of the current literature on these topics as well as the empirical results. We argue in favour of stress testing methodologies covering the key risks on banks' balance sheets. These frameworks can also be used for emerging markets where data availability is typically limited. It is shown that due to high volatility of credit growth in emerging economies, the static approach assuming constant balance sheet items is not very appropriate. Furthermore, the feedback effect between the financial sector and the real economy might play an important role under certain assumptions, and therefore it should be taken into account by policy makers. This effect can also emerge in the real sector itself as potential instability can...
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