Credit and Liquidity Risk Assessment of NCC Bank: A Correlational Analysis

Credit risk and default risk are two interchangeable terms. Credit risk arises mainly from the lending, trade finance, leasing, and treasury business. This can be described as a potential loss from a counterparty's failure to perform as per contractual agreement with the bank being financially incapable or unwilling to repay it. Financial incapability arises when the creditor's source of earning becomes volatile. The unwillingness comes from the creditor's tendency to cheat and to make a bulk grain from the fraudulent activities. At a stretch, credit risk for the bank illustrates that the bank's performing loan portion can turn into non-performing ones. And that will decrease the recovery rate of the loan extended, and, as a result, the bank will face trouble providing the required interest amount by the depositors. Gradually the bank will become insolvent and maybe some days a bankrupt one.

Mitigating interorganizational conflicts in humanitarian logistics collaboration: the roles of contractual agreements, trust and post-disaster environmental uncertainty phases

PurposeGovernance is the key to establishing effective collaboration among humanitarian logistics partners addressing an ongoing relief work. With a focus on humanitarian interorganizational collaboration, this research draws on governance theories to investigate how conflicts can be mitigated in this challenging setting.Design/methodology/approachThe focus on governance extends attention to the frontiers of contractual agreement, trust and environmental uncertainty to be applied in the humanitarian setting. To develop perspectives, an online survey of 289 field executives working in humanitarian organizations across the globe is conducted. The findings are based on hierarchical regressions.FindingsEnvironmental uncertainty, in humanitarian logistics, is not straightforward, but wields distinctive challenges in the response phase (immediate to the disaster) as well as the recovery phase (beginning of build back) – to loom prospects of conflict between partners. Findings outline that contractual agreement can increase conflict during the response phase (high environmental uncertainty), but mitigate it during the recovery phase (low environmental uncertainty). Furthermore, contractual agreement interactively strengthens the ability of trust to reduce conflict. Yet, trust acting alone shows best outcome to mitigate conflict.Research limitations/implicationsContrary to the established understanding in traditional logistics suggesting the vitality of contracts to easily mitigate challenges posed by environmental uncertainty, the humanitarian setting extends a unique outset for interorganizational governance based on the temporality of response and recovery phases.Originality/valueThis research pioneers to quantitatively examine the setting of humanitarian logistics based on survey. Given the difficulty of data acquisition, the extant research has largely relied on qualitative investigations when considering the agenda of governance.

Rights and Responsibilities Are Substitutable Framings That Differentially Affect Judgment

Do employers have a responsibility to treat their workers equally or do employees have a right to be treated equally? In common discourse, rights and responsibilities are often used as substitutable framings for the same event, but they may differentially shape judgment. In this investigation, we develop an experimental manipulation of rights versus responsibilities and evaluate whether framing an arrangement between two parties in terms of rights, versus responsibilities, affects people’s judgment. We found that people judged unequal distributions between two parties as less fair when framed in terms of rights than in terms of responsibilities. Furthermore, people judged a rights framing as fairer for an unequal (vs. equal) contractual agreement. Thus, a subtle framing manipulation can increase or decrease people’s sensitivity to unequal distributions. We discuss potential mechanisms for this effect and implications for behavioral law as well as the potential to nudge people’s sensitivity to inequality.

The Untethering of Mediation from Relationships

There is no doubt that Lon Fuller contributed mightily to the legitimization of mediation when he chose to identify it as one of six key processes for social ordering, or processes that “bring[] human relations into a workable and productive order” (p. 307). The other processes—legislation, adjudication, administrative direction, contractual agreement, and customary law—were (and are) much more likely to be identified as sources for rules of law....

PROMOTING WELL-BEING: THE CONTRIBUTION OF EMOTIONAL INTELLIGENCE IN HR OF A COMPANY (THE CASE OF ALBANIA)

The work environment is constantly changing. It is necessary to adapt effectively in order to have an increased productivity. Terms such as leadership, mindset, long-term goals, critical or analytical mind are the key factors that are deciding the fate of a certain company. In our country, it is mainly young people who are aware of the positive consequences of practicing emotional intelligence. But how easy is it to practice these qualities in a country like Albania? Recently, various trainings are being held for the development of individual performance, but does the Albanian society really know what it means to have an individual performance? One of the basic principles of Adlerian psychology is closely related to the principles of EQ: Thinking of the common good. How can this happen when everyone is supposed to think for themselves? The paper is based on the interpretation of the main tests of Emotional Intelligence by comparing them with the data from a questionnaire that is addressed to 100 employees or people who have at least worked 1 time with contractual agreement. Main tests used are those based on Daniel Goleman’s EQ Framework, specifically “360 degree” instrument. Keywords: Emotional intelligence, HR practices, Leadership, Humanity, Happiness.

A Framework for Contractual Graphs

This paper studies contractual graphs, where the formation of edges between nodes result in dyadic exchanges. Each dyadic exchange is analyzed as a contractual agreement that is implemented upon fulfilment of underlying conditions. As these dyadic exchanges proliferate, the resulting population of these exchanges creates a contractual graph. A contractual framework for graphs is especially useful in applications where AI-enabled software is employed to create or automate smart contracts between nodes. While some smart contracts may be easily created and executed, others may contain a higher level of ambiguity which may prevent their efficient implementation. Ambiguity in contractual elements is especially difficult to implement, since nodes have to efficiently sense the ambiguity and allocate appropriate amounts of computational resources to the ambiguous contractual task. This paper develops a two-node contractual model of graphs, with varying levels of ambiguity in the contracts and examines its consequences for a market where tasks of differing ambiguity are available to be completed by nodes. The central theme of this paper is that as ambiguity increases, it is difficult for nodes to efficiently commit to the contract since there is an uncertainty in the amount of resources that they have to allocate for completion of the tasks specified in the contract. Thus, while linguistic ambiguity or situational ambiguity might not be cognitively burdensome for humans, it might become expensive for nodes involved in the smart contract. The paper also shows that timing matters—the order in which nodes enter the contract is important as they proceed to sense the ambiguity in a task and then allocate appropriate resources. We propose a game-theoretic formulation to scrutinize how nodes that move first to complete a task are differently impacted than those that move second. We discuss the applications of such a contractual framework for graphs and obtain conditions under which two-node contracts can achieve a successful coalition.

DEVELOPING SHARIAH COMPLIANT CORPORATION: AN APPRAISAL ON THE RIGHTS AND LIABILITIES OF MEMBERS UNDER THE MALAYSIA LAW AND SHARIAH

Shareholders are members of a company through share capital ownership. They proclaim themselves as “owners” although they have no direct involvement in business management which is wholly vested in the board of directors. In Malaysia, shareholders merely receive bundles of right in the company as prescribed under the Companies Act 2016. Due to the separate legal existence of a company, they are not liable for the company’s debts and liabilities. Contrarily, under Shariah, musharakah is a partnership agreement between individual partners for participation in capital and profits. It essentially regards them as the joint owners of musharakah, treating their existence inseparable from this business entity. The partners collectively share mutual rights and duties in the musharakah business according to their contractual agreement which makes them jointly liable for any liabilities incurred by the musharakah. This article discusses the rights and liabilities of members of a company under Malaysia Law and Shariah. It highlights the substantial distinctions between the shareholders’ rights and liabilities under the Companies Act 2016 and those of partners under musharakah. This article argues that an inculcation of Shariah principles of musharakah into the current legal structure of corporation is needed so that the Shariah-compliant status is always maintained. Keywords: Company, Malaysia, members’ rights and liabilities, Musharakah, rights and liabilities in Musharakah, separate legal entity. Cite as: Haji Mohiddin, M. N., Abdul Ghadas, Z. A., & Ramli, N. (2021). Developing shariah compliant corporation: An appraisal on the rights and liabilities of members under the Malaysia law and shariah. Journal of Nusantara Studies, 6(1), 59-72. http://dx.doi.org/10.24200/jonus.vol6iss1pp59-72

MUSYARAKAH PADA HARTA BERSAMA

The concept of marital property is still an interesting topic to discuss. Because there is still a disagreement between the concept of marital property to described by contemporary scholars through the approach of syirkah and the financial reality of today's family in Indonesia. This is because syirkah mufawadhah and syirkah 'abdan which explain is the type of syirkah 'uqūd that requires ijab-kabul and its provision for business. While in the context of marital property this concept is not achieved. Because the concept of marital property in Indonesia is more suitable towards the concept of syirkah amlak that does not require ijab-kabul and non-business. However, if want to conform to the concept of syirkah 'uqūd or syirkah business then there needs to be an improvement that must be preceded by a syirkah agreement or a contractual agreement on joint property either before marriage on premarital agreement or during marriage.

Juridical Review of The Provision of Catering Services In Theory And Practice And Problematic at PT. Well Harvest Winning Alumina Refenery Site Kendawangan, Ketapang Regency, West Kalimantan

Traditional Covenant Law theory has characteristics emphasizing the importance of legal certainty and predictability. The main function of one of the contracts is to provide certainty about the binding of an agreement between the parties so that the principles of good faith in the civil law system and promissory estoppel in the common law legal system. which in this article the author will discuss PT ADEN's contractual agreement with PT Well Harvest Winning Refinery Alumina in the catering contract for employees of PT Well Harvest Winning Alumina Refinery which discusses whether the agreement made between the customer and the catering party has qualified the validity of the agreement and the issues contained in the valid agreement.Keywords: Treaty Law Theory, Civil Law, Agreement.

Analysis of Contracts to Build Energy Infrastructures to Optimize the OPEX

The employer (owner) of the project wants to obtain the maximum profit for the money invested and the consultant (contractor) will try to give less for that money. The regulation of their relationship is based on the contractual agreement, which in the energy sector is mainly based on the engineering, procurement, and construction (EPC) model. The objective of this work was to evaluate which factors should be included in the drafting of contracts, to minimize problems between the parties, and thus minimize execution costs and optimize operation and maintenance costs. Information and data on the integration of operability and maintainability criteria in contracts for 158 projects, with a total contract value of close to €40,000M, were analyzed. Several of those projects corresponded to wind, solar, and hydroelectric plants. The information collected the perception of the agents involved, and was classified according to the experience of the agents consulted in the operation and maintenance areas. Finally, the proposed criteria were prioritized. In general, the owner is willing to introduce these criteria in his contracts if they reduce the operation and maintenance cost by around 1–5%, while the contractor is interested in increasing his probability to be selected by 1–3%.