scholarly journals Juridical Overview of the Syndication Financing Agreement Between Customers and Financial Institutions

2021 ◽  
Vol 23 (3) ◽  
pp. 445-458
Author(s):  
Suwinto Johan ◽  
Ariawan Ariawan

Companies need funding for business growth. Syndicated financing is financing in large amounts of funds and projects that require extensive and long-term financing. Syndi-cated financing has grown since the 1960s. Participating financial institutions have compliance and knowledge of syndicated financing agreements. Customers have low compliance and understanding of financing agreements. This discrepancy has given rise to several communication problems, which resulted in legal events. This research aims to examine syndicated financing agreements between financial institutions and customers from the juridical side. This research uses a normative juridical method. This research concludes that the financing agreement is a single agreement between customers and many financial institutions. Financial institutions cannot deal directly with customers in the syndicated financing agreements. The facility agent or trustee represents the financial institution in negotiations with the customer if there is a difference or discrepancy with the financing agreement.

2021 ◽  
pp. 1-22
Author(s):  
Gabriele Galati ◽  
Jan Kakes ◽  
Richhild Moessner

Credit restrictions were used as a monetary policy instrument in the Netherlands from the 1960s to the early 1990s. Since these restrictions were aimed at containing money rather than credit growth, their focus was on net credit creation by the financial sector. We document the rationale of these credit restrictions and how their implementation evolved in line with the evolution of the financial system. We study the impact on the balance sheet structure of banks and other financial institutions. We find that banks mainly responded to credit restrictions by making adjustments to the liability side of their balance sheets, particularly by increasing the proportion of long-term funding. Responses on the asset side were limited, while part of the banking sector even increased lending after the adoption of a restriction. These results suggest that banks and financial institutions responded by switching to long-term funding to meet the restriction and shield their lending business. Arguably, the credit restrictions were therefore still effective in reaching their main goal. Indeed, we do find evidence of a significant effect of credit restrictions on inflation.


2013 ◽  
Vol 1 (1) ◽  
pp. 69-84
Author(s):  
Andrea Hornyák

Abstract In the area of the financial services, the contracts are not between equal signatories to a treaty. On one side there is a professional financial institution while on the other side there is a client with lack of information and weak ability to enforce interest. The high school student age group is in a rather exposed situation because they have to make very serious financial decisions. As far as Hungary concerned, a negative social mood towards banks is accompanied by poor financial literacy, and therefore, financial institutions have a lot to do in order to gain confidence in the young generation. However, in the long term, a financial institution can only achieve market success if it can integrate moral viewpoints into its corporate policy.


2020 ◽  
Vol 36 (4) ◽  
pp. 601-609
Author(s):  
Kate Apostolova

Abstract Historically, financial institutions have preferred litigation over arbitration as a dispute resolution mechanism. In recent years, however, financial institutions have turned to international arbitration more often. This is reflected in the 2018 Queen Mary International Arbitration Survey which concluded that financial institutions are ‘contemplating arbitration with much greater interest than ever before’. In addition to incorporating international arbitration clauses more often in their contracts, financial institutions have become increasingly aware of the protections established by international investment treaties and are more actively seeking to benefit from the rights they establish for qualifying investors. A recent decision has revealed how important those rights could be. In August 2020, for the first time in investor–state arbitration, in Portigon v Spain, a tribunal found that a financial institution may seek protection under an investment treaty for project finance because project finance, in the form of long-term loans and swaps, constitutes a protected ‘investment’ under the relevant investment treaty. While the decision remains confidential as of the publication of this article, it is an opportune moment to review the proposition that project financiers may seek protection under investment treaties against state actions that affect adversely the projects they are financing.


Author(s):  
Agnieszka Alinska ◽  
Beata Zofia Filipiak ◽  
Aneta Kosztowniak

The striving for sustainable development has become the goal of actions undertaken not only by representatives of public authorities and institutions representing this sector, but also representatives of private entities who are increasingly recognizing the benefits and sources of long-term development based on the principles and objectives of sustainable development. These are mainly based on the pursuit of synergy in the three basic areas of activities, i.e., in the economic, social, and environmental dimensions as well as in the maintenance of natural resources. The implementation of these activities is connected with the necessity of incurring financial expenditures, which the government (public sector) does not have in the required value. Therefore, in the process of sustainable development for which the government is responsible, the active participation of the financial sector (banks) is necessary. Achieving results within the alliance of the concept of sustainable development requires the setting of a kind of contract, the parties of which are the government, society, and financial institutions. The purpose of the conducted research is to indicate by which means the government and the financial sector can stimulate economic growth towards its sustainable development.


2018 ◽  
Vol 9 (6) ◽  
pp. 529-536
Author(s):  
Martin Khoya Odipo ◽  

Recent studies have documented that innovations improve profitability of firms. This article documents that deposit taking micro financial institutions that have adopted financial innovations have increased their profitability. The study covered five years between 2009-2013. Both primary and secondary data were used in the study. Primary data was obtained through administration of drop and pick questionnaires to selected employees of the institutions. Secondary data was obtained from financial statements and management reports of these deposit taking microfinance institutions. Data was analyzed using descriptive statistics, return on asset and multi-liner regression model to determine the effect of each financial innovation applied on profitability on the micro-financial institution. The results showed that most deposit taking microfinance institutions adopted these financial innovations in their current operations. There was strong positive relationship between individual innovations and profitability. In line with profitability ROA also showed improvement each year after the adoption of these financial innovations.


2018 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Shafaque Fatima ◽  
Saqib Sharif

Linking with the business case for diversity, this study examines whether the top management team (TMT) and the board of directors (BODs) diversity has a positive impact on financial institution (FI) performance in select countries of Asia least researched domain. We use data from 119 financial institutions across Asia for the year 2015, initially 1,447 institutions; however, incomplete data was excluded from final analysis. We use three proxies for diversity, that is, nationality diversity, gender diversity, and age diversity of TMT and BODs. To investigate the impact of TMT and BODs diversity, cross-sectional ordinary least-squares estimation is applied, using Return on Average Assets (ROAA%) as a measure of performance.  We find that nationality diversity and age diversity is positively and significantly related to FIs performance. Our evidence indicates that executives and board members with diverse exposure and younger age improve FIs profitability. However, there is no significant relationship between gender and FIs performance.


Author(s):  
Felipe Carvalho de Rezende

Among the lessons that can be drawn from the global financial crisis is that private financial institutions have failed to promote the capital development of the affected economies, and to dampen financial fragility. This chapter analyses the macroeconomic role that development banks can play in this context, not only providing long-term funding necessary to promote economic development, but also fostering financial stability. The chapter discusses, in particular, the need for public financial institutions to provide support for infrastructure and sustainable development projects. It concludes that development banks play a strategic role by funding infrastructure projects in particular, and outlines the lessons for enhancing their role as catalysts for mitigating risks associated with such projects.


2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Atanu Bhattacharya ◽  
Tobias Bolch ◽  
Kriti Mukherjee ◽  
Owen King ◽  
Brian Menounos ◽  
...  

AbstractKnowledge about the long-term response of High Mountain Asian glaciers to climatic variations is paramount because of their important role in sustaining Asian river flow. Here, a satellite-based time series of glacier mass balance for seven climatically different regions across High Mountain Asia since the 1960s shows that glacier mass loss rates have persistently increased at most sites. Regional glacier mass budgets ranged from −0.40 ± 0.07 m w.e.a−1 in Central and Northern Tien Shan to −0.06 ± 0.07 m w.e.a−1 in Eastern Pamir, with considerable temporal and spatial variability. Highest rates of mass loss occurred in Central Himalaya and Northern Tien Shan after 2015 and even in regions where glaciers were previously in balance with climate, such as Eastern Pamir, mass losses prevailed in recent years. An increase in summer temperature explains the long-term trend in mass loss and now appears to drive mass loss even in regions formerly sensitive to both temperature and precipitation.


ISLAMIKA ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 1-11
Author(s):  
Ade Jamarudin ◽  
Ofa Ch Pudin

Ijarah is a contract on the transfer of goods or services with rewards instead. Ijarah based transactions with the displacement benefit (rights to), not transfer of ownership (property rights), there ijara financing translates as buying and selling services (wages hired), that take advantage of human power, there is also a translate lease, which take advantage of goods. Application ijarah growing financial institutions in the current Shari'ah is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the products in Islamic finance. Application ijarah emerging financial institutions shari'ah 'ah at the moment that is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the Islamic financing products). This research is a library research (library research) and field research (field research), and is descriptive, analytic and comparative. Data sources used in this study are sourced from primary and secondary data. Ijarah transactions are based on the transfer of benefits (use rights), not the transfer of ownership (ownership rights), some translate ijarah financing as the sale and purchase of services (wage wages), i.e., taking the benefits of human labor


2014 ◽  
Vol 25 (2) ◽  
pp. 172 ◽  
Author(s):  
Mike Smith

This paper examines how the past of desert landscapes has been interpreted since European explorers and scientists first encountered them. It charts the research that created the conceptual space within which archaeologists and Quaternarists now work. Studies from the 1840s–1960s created the notion of a ‘Great Australian Arid Period'. The 1960s studies of Lake Mungo and the Willandra Lakes by Jim Bowler revealed the cyclical nature of palaeolakes, that changed with climate changes in the Pleistocene, and the complexity of desert pasts. SLEADS and other researchers in the 1980s used thermoluminescence techniques that showed further complexities in desert lands beyond the Willandra particularly through new studies in the Strzelecki and Simpson Dunefields, Lake Eyre, Lake Woods and Lake Gregory. Australian deserts are varied and have very different histories. Far from ‘timeless lands', they have carried detailed information about long-term climate changes on continental scales.


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