us-banks-set-for-record-pay-jan-14-2010

Keyword(s):  
2012 ◽  
Vol 41 (1) ◽  
pp. 43-71 ◽  
Author(s):  
Scott L. Feld ◽  
Joseph Godfrey ◽  
Bernard Grofman

Author(s):  
Liew Chin-Chong ◽  
Zhou Ying

This chapter examines the applicability of the law of set-off in China in cases involving solvent parties and against a party subject to a bankruptcy proceeding. It first explains statutory set-off under the Chinese Contract Law and contractual set-off between solvent parties before discussing set-off against insolvent parties, focusing on the relevant provisions of the Bankruptcy Law and requirements for insolvency set-off. It also considers the procedures for exercising the right to insolvency set-off, set-off right in the context of close-out netting in cross-border over-the-counter (OTC) derivatives transactions, restrictions on unfair preference for creditors and set-off, restrictions on banks' set-off rights against deposits, and set-off vis-a-vis clearing houses. The chapter concludes with an analysis of cross-border issues arising in set-off between solvent parties and against insolvent parties.


2008 ◽  
Vol 52 (5) ◽  
pp. 792-819 ◽  
Author(s):  
Leonardo Gambacorta
Keyword(s):  

2006 ◽  
Vol 09 (03) ◽  
pp. 269-280 ◽  
Author(s):  
SIMON ARCHER ◽  
RIFAAT AHMED ABDEL KARIM

Islamic banks do not pay interest on customers' deposit accounts. Instead, customers' funds are placed in profit-sharing investment accounts (PSIA). Under this arrangement, the returns to the bank's customers are their pro-rata shares of the returns on the assets in which their funds are invested, and if these returns are negative so are the returns to the customers. The bank is entitled to a contractually agreed share of positive returns (profits) as remuneration for its work as asset manager; however, if the returns are zero or negative, the bank receives no remuneration but does not share in any loss. In the case of Unrestricted PSIA, the investment account holders' funds are invested (i.e., commingled) in the bank's asset pool together with the bank's shareholders' own funds and the funds of current account holders. In that case, the bank's own funds that are invested in the asset pool are treated the same as those of Unrestricted PSIA holders for profit and loss sharing purposes; however, the shareholders also receive as part of their profit the remuneration earned by the bank as asset manager (less certain expenses not chargeable to the PSIA holders). This remuneration (management fees) represents an important source of revenue and profits for Islamic banks. From a capital market perspective, this arrangement presents an apparent anomaly, as follows: shareholders and Unrestricted PSIA holders share the same asset risk on the commingled funds, but shareholders enjoy higher returns because of the management fees. On the other hand, competitive pressure may induce the bank to forgo some of its management fees in order to pay a competitive return to its PSIA holders. In this way, some of the PSIA holders' asset risk is absorbed by the shareholders. This phenomenon has been termed "displaced commercial risk" [2]. This paper analyzes this phenomenon. We argue that, in principle, displaced commercial risk is potentially an efficient and value-creating means of sharing risks between two classes of investor with different risk diversification capabilities and preferences: wealthy shareholders who are potentially well diversified, and less wealthy PSIA holders who are not. In practice, however, Islamic banks set up reserves with the intention of minimizing any need to forgo management fees.


2013 ◽  
Vol 50 (02) ◽  
pp. 419-429 ◽  
Author(s):  
Xiaonan Che ◽  
Angelos Dassios

Using martingale methods, we derive a set of theorems of boundary crossing probabilities for a Brownian motion with different kinds of stochastic boundaries, in particular compound Poisson process boundaries. We present both the numerical results and simulation experiments. The paper is motivated by limits on exposure of UK banks set by CHAPS. The central and participating banks are interested in the probability that the limits are exceeded. The problem can be reduced to the calculation of the boundary crossing probability from a Brownian motion with stochastic boundaries. Boundary crossing problems are also very popular in many fields of statistics.


Public Choice ◽  
1990 ◽  
Vol 66 (3) ◽  
pp. 243-251 ◽  
Author(s):  
Nicholas R. Miller ◽  
Bernard Grofman ◽  
Scott L. Feld
Keyword(s):  

2006 ◽  
Vol 27 (3) ◽  
pp. 531-543 ◽  
Author(s):  
Elizabeth Maggie Penn
Keyword(s):  

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