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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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The Legal Regulation of Banking Activities
Martinů, Katrin ; Kotáb, Petr (advisor) ; Sejkora, Tomáš (referee)
The Legal Regulation of Banking Activities Abstract The subject of this diploma thesis is the legal regulation of the activities of banks. Emphasis is placed on newly regulated areas and topical areas in respect to legislative changes. The primary aim of the thesis is to analyse areas related to the activities of banks and to assess the suitability and sufficiency or redundancy of the legal regulation of the selected areas in terms of the scope and depth of regulation. In this context, the work is complemented by proposals de lege ferenda. The first section is devoted to the subjects of banking regulation. Within this part, the term "bank" is defined, including the assessment of online banks. After that, supervisors, namely the Czech National Bank and the European Banking Authority, are presented together with an outline of their functions. The following section covers the general basis of the regulation of bank activities. The sources of regulation are described, and the objectives and reasons for and against regulation are outlined. A description of processes for entering and exiting the banking sector are included, with a more detailed analysis of procedures for obtaining a banking license. The third section contains an analysis of the selected obligations of banks arising from the legislation regulating...
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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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Nové formy regulace bankovního trhu ve Spojených státech amerických a v Evropské unii
Brychtová, Tereza
The aim of the bachelor thesis is the comparison of regulation in banking sector in the United States of America and the European Union. In two consecutive chapters is discussed in detail the regulation in the European Union, where new institution of banking union was established, and subsequently in the United States of America. In conclusion of the thesis are compared the forms of banking regulation in these formations.
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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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The legal status and activities of the Czech National Bank
Prokop, Tomáš ; Vondráčková, Pavlína (advisor) ; Novotný, Petr (referee)
Legal status and content of activities of Czech national bank This thesis deals with legal issues of Czech National Bank. The aim of this work is the analysis of the basic institutes, the most important and the most controversial statutory provisions and also to introduce the most important activities of the central bank to the reader and explaining him why are these activities needed and what is their function in the system. Due to limited range of this thesis the author took considerable volume of this topic in account, that's why some chapters aim merely the most important information to explain the issue correctly and to help the reader to understand the contexts. This work is divided to seven chapters (including the Inroduction) and to the Conclusion, list of used shortuts, literature and attachments. In the Introduction the author acquaints the reader with reason, why has he choosen right this issue as the topic of his thesis and lays out the targets to be accomplished by his work. In the second chapter is the reader acquainted with the historical development of central banking on the territory of present Czech Republic - since the Austro-Hungarian monarchy to the evolution of current Czech National Bank. In the conclusion of this chapter the author analysis the possibilities of the immediate future...
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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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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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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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The relationship between central banks and commercial banks
Růžek, Lukáš ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee)
This diploma thesis deals with the relationship of the central bank with commercial banks. A central bank perform important functions, and thus it has its own set of competencies needed to achieve its objectives. To those functions belong, above all, participation in creation of binding legal acts and supervision over banking institutions. The Czech National Bank is the central bank of the Czech Republic, and its activities and status are governed, especially, by Act. No. 6/1993 Coll., on the Czech National Bank, as amended. This diploma thesis is divided into three sections. The first section is devoted to the theoretical framework of central banking. The second section is focused on the Czech National Bank and its powers and functions. The last section deals with the development of banking regulation on the international level. The main goal of this diploma thesis is to identify individual interactions between the Czech National Bank and commercial banks.
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