scholarly journals Who Determines Customer Property

2020 ◽  
Vol 2020 (2) ◽  
Author(s):  
Mariel Mok
Keyword(s):  
Consumer Protection ◽  
Deposit Insurance ◽  
Investor Protection ◽  
Wall Street ◽  
Consumer Protection Act ◽  
The Government ◽  
Federal Deposit Insurance ◽  
Federal Deposit Insurance Corporation

Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act gives the government the Orderly Liquidation Authority (“OLA”) to seek the liquidation of failing financial companies with the appointment of the Federal Deposit Insurance Corporation (“the FDIC”) as receiver. When applied to securities broker-dealers, the OLA calls into question the incorporation of the Securities Investor Protection Act of 1970 (“SIPA”) that provides for the orderly liquidation of an insolvent broker-dealer under the oversight of the Securities Investor Protection Corporation (“the SIPC”). The result is a conflict of control between the FDIC and the SIPC in the event of an OLA broker-dealer liquidation and investor uncertainty regarding the incorporation of SIPA protections for customer property. Problematically, the OLA and its implementing rules leave the FDIC with discretion to modify SIPA protections for customer property.

Difficulties of the Financial Reform in the USA

2013 ◽  
pp. 147-158
Author(s):  
V. Kulakova
Keyword(s):  
Economic Policy ◽  
Consumer Protection ◽  
Financial Regulation ◽  
Financial Reform ◽  
Wall Street ◽  
Political Sciences ◽  
Consumer Protection Act ◽  
The Usa ◽  
Major Factors ◽  
International Financial Regulation

We study the reform of financial regulation initiated by the Dodd—Frank Wall Street Reform and Consumer Protection Act of 2010. Major factors impeding Obama’s financial and economic policy are explored, including institutional difficulties, party warfare, lobbyism, and systemic inconsistencies of international financial regulation. We also examine challenges that are being faced by economic and political sciences due to the changes in financial regulation and also assess the level of radicality of the financial reform.

scholarly journals KLAUSULA EKSONERASI DALAM PERJANJIAN KREDIT ANTARA PT. MANDIRI PERSERO (TBK) SEMARANG DENGAN WIBOWO S.E. DAN SITI AISYAH (Studi Kasus Putusan No. 8 K/Pdt/2013)

2019 ◽  
Vol 1 (2) ◽  
pp. 595
Author(s):  
Hellen Rumiris ◽  
Stanislaus Atalim
Keyword(s):  
Consumer Protection ◽  
Risk Sharing ◽  
The Other ◽  
Bank Credit ◽  
Standard Contract ◽  
Consumer Protection Act ◽  
The Republic ◽  
The Government ◽  
Credit Agreement ◽  
Banking Credit

Granting credit by the bank to the society greatly helps to develop a business that is run by community both individuals and legal entities. The government of the Republic of Indonesia has intructed banking to provide credit facilities especially for the middle and lower businesses. Banking credit agreement is a standard contract made by the bank by almost not giving freedom at all to the other parties to do negotiation for the requirements offered. This type of research using a normative juridicial research. This research aims to analyze the exoneration clauses in a credit agreement between PT. Bank Mandiri Persero (Tbk) Semarang with Wibowo, S.E. and Siti Aisyah. The bank credit agreement is the legal agreement to the Article 1320 of Indonesian Civil Code. However, the exoneration clauses listed on it contradicts some basis in the law agreement and also violates the provisions of Article 18 of The Consumer Protection Act. Clauses in a credit agreement are made to regulate the rights and the obligatons of the parties so that reasonable risk sharing occures between the bank and the customer. In fact, exoneration clauses are often abused by businessman attempting to diminish, divert and even refuse responsibility. The result of this research concludes that: First, the Government must provide more limits on the using of exoneration clauses through revision of The Consumer Protection Act. Second, PT. Bank Mandiri (Tbk) Semarang must be more meticulous and careful to determine contents of credit agreement.

Regulation of Swaps

2019 ◽  
pp. 249-286
Author(s):  
Alan N. Rechtschaffen
Keyword(s):  
Financial Crisis ◽  
Financial Institutions ◽  
Consumer Protection ◽  
Federal Reserve ◽  
Regulatory Regime ◽  
Wall Street ◽  
Regulatory Oversight ◽  
Consumer Protection Act ◽  
Reporting Requirements ◽  
Derivatives Markets

Former Federal Reserve Chairman Ben S. Bernanke classified derivatives as a “vulnerability” of the financial system that led to the financial crisis. He explained that derivatives concentrated risk within particular financial institutions and markets without sufficient regulatory oversight. The Wall Street Reform and Consumer Protection Act—Dodd-Frank—constituted a seismic shift in the regulation of financial institutions and markets in a massive effort to address regulatory shortcomings in derivatives markets. This chapter discusses the Dodd-Frank regulatory regime. Topics covered include the Dodd-Frank and derivatives trading; jurisdiction and registration; clearing, exchange, capital and margin, and reporting requirements; analysis of the provisions of Dodd-Frank on derivatives trading; rationale behind the exemptions and exclusions; the Lincoln Rule; Futures Commission Merchants; and criticisms of Dodd-Frank's derivatives trading provisions.

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