International banking Law; impact of the international banking crisis and retention of the so-called ?tripartite system? of banking regulation involving HM Treasury custom essay

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1. ?The impact of the international banking crisis (the so-called ?credit crunch?) in 2008-09 on countries such as Ireland and Iceland, and the consequent effects on other European Economic Area countries such as the UK, demonstrates the need to move from a country of establishment regulation of banks towards a pan-European system.?

Critically evaluate the above statement.

2. ?The retention of the so-called ?tripartite system? of banking regulation involving HM Treasury, the Bank of England and the Financial Services Authority by the UK Government has been rejected given that the system proved so ineffective in preventing the collapse or near collapse of so many banks in the United Kingdom in the banking crisis of 2008-09. Instead the current Coalition Government is re-structuring regulation around a so-called ?twin-peaks? system, dividing prudential regulation functions from marketing and consumer protection functions in the draft Financial Services Bill 2012. It is hoped that this system will be more focused and effective than the previous tripartite system in controlling banks.?

Critically evaluate these developments.

3. ?Money laundering legislation is now so strict in the United Kingdom that it places banks in an extremely difficult position where there is even a suspicion about the origin and source of a customer?s funds and exposes customers to significant business losses when they are totally unaware of why their funds have been frozen. Indeed it is arguable that current money laundering legislation is so draconian it may breach a customer?s human rights under the European Convention on Human Rights 1950.?

Critically evaluate the above statement.

4. ?Attempts by banks to create fixed charges over book debts of borrowers, after some initial success, has largely failed and today it would be very difficult to successfully create a fixed charge over a borrower?s book debts.?

Critically evaluate the above statement.

5. ?Lending by banks to small and medium sized enterprises in the United Kingdom has been badly affected by problems of misrepresentation and undue influence. The problems are caused largely by spouses, partners or children who run businesses attempting to persuade their co-owner to put up the family home as security for a loan by the bank. Banks have to proceed very carefully in setting up and arranging such loans and property charges if they want to avoid their security being rendered void and of no effect.?

Critically evaluate the above statement.

6. ?In an era where there is a major concern about climate change and the potential environmental impacts of major international infrastructure projects, people are looking to lenders to play a more active policing role to see that such projects do not present serious environmental risks. The Equator Principles represent an effective system of international self-regulation by the banks to ensure that serious environmental concerns are met when they become involved in bank lending on major international infrastructure projects such as dams, oil pipelines etc.?

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