• 제목/요약/키워드: Credit Banking System

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신용장거래(信用狀去來)에서의 금반언법리(禁反言法理)에 관한 해석(解釋) - UCP 500 제13조, 제14조와 95 UCC 제5-108조의 비교를 중심으로 - (Interpretation of Estoppel Doctrine in the Letter of Credit Transaction : Comparison between UCP 500 and 95 UCC)

  • 김영훈
    • 무역상무연구
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    • 제12권
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    • pp.429-460
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    • 1999
  • The letter of credit is quintessentially international. In the absence of international legal system, a private system based on banking practices has evolved, commanding the adherence of the international letter of credit community and providing the foundation of th reputation of this instrument. To maintain this international system, it is vital that international standard banking practice should not be subject to local interpretations that misconstrue or distort it. The UCP is a formulation of international standard banking practice. It is neither positive law nor a "contract term" in any traditional sense and its interpretation must be consonant with its character as a living repositary of international understanding in this field. As a result, the interpretation and application of specific articles of the UCP must be consistent with its evolving character and history and with the principles upon which sound letter of credit practice is predicated. This study, especially, focuses on article 13 and article 14 of the UCP500. Article 13(b) of UCP500 stipulates that banks will have a reasonable time, not to exceed seven days, to examine documents to determine whether they comply facially with the terms of the credit. The seven-day provision is not designed as a safe harbor, because the rule requires the issuer to act within a reasonable time. But, by virtue of the deletion of the preclusion rule in the document examination article in UCP500, however, seven days may evolve as something of a safe harbor, especially for banks that engage in strategic behavior. True, under UCP500 banks are supposed to examine documents within a reasonable time, but there are no consequences in UCP500 for a bank's violation of that duty. It is only in the next provision. Courts might read the preclusion more broadly than the literal reading mentioned here or might fashion a common-law preclusion rule that does not require a showing of detriment. Absent that kind of development, the change in the preclusion rule could have adverse effects on the beneficiary. The penalty, strict estoppel or strict preclusion, under UCP500 and 95UCC differs from the classic estoppel. The classic estoppel rule requires a beneficiary to show three elements. 1. conduct on the part of the issuer that leads the beneficiary to believe that nonconforming documents do conform; 2. reasonable reliance by the beneficiary; and 3. detriment from that reliance. But stict preclusion rule needs not detrimental reliance. This strict estoppel rule is quite strict, and some see it as a fitting pro-beneficiary rule to counterbalance the usually pro-issuer rule of strict compliance.

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Long-run Equilibrium Relationship Between Financial Intermediation and Economic Growth: Empirical Evidence from Philippines

  • MONSURA, Melcah Pascua;VILLARUZ, Roselyn Mostoles
    • The Journal of Asian Finance, Economics and Business
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    • 제8권5호
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    • pp.21-27
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    • 2021
  • The financial sector is one of the most important building blocks of the economy. When this sector efficiently implemented a well-crafted program on banking and financial system to translate financial activities to income-generating activity, economic growth will be realized. Hence, this study analyzed the effect of financial intermediation on economic growth and the existence of cointegrating relationship using time-series data from 1986 to 2015. The influence of financial intermediation in terms of bank credit to bank deposit ratio, private credit, and stock market capitalization and time trend to economic growth was estimated using ordinary least squares (OLS) multiple regression. The results showed that all the financial intermediation indicators and time trend exert significant effect on Gross Domestic Product (GDP) per capita. The positive sign of the time trend indicates that there is an upward trend in GDP per capita averaging approximately 0.06 percent annually. Furthermore, the cointegration test using the Johansen procedure revealed that there is a presence of long-term equilibrium relationship between financial intermediation and time trend and economic growth, and rules out spurious regression results. This study established the idea that financial intermediation in the Philippines has a significant and vital role in stimulating growth in the economy.

경제발전 및 정보의 외부성에 따른 최적 은행구조에 대한 고찰 (Information Externality, Bank Structure, and Economy)

  • 도보은
    • KDI Journal of Economic Policy
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    • 제27권1호
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    • pp.39-79
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    • 2005
  • 본 연구는 은행집중도 확대 등 독점적 은행구조의 비교우위 가능성을 검토하였다. 즉, 신용평가기관(Credit Bureau)의 정착, 신용정보의 거래활성화 등 금융제도가 선진화되면서 나타나는 정보의 외부효과 증대에 따라, 또한 경제발전단계에 따라 최적 은행구조가 어떻게 달라질 수 있는지를 분석하였다. 본 연구의 결과는 다음과 같다. 경제개발 초기단계인 저개발국가와 자본시장이 발달하고 금융제도가 선진화되면서 정보의 외부성이 높아진 선진국의 경우는 독점적 은행구조가 장기균형자본축적에 효과가 있었다. 이러한 결과는, 은행과 차입자 간의 비대칭적인 정보구조가 상존하는 가운데 경제 내의 신용리스크가 큰 경우 또는 정보의 외부효과가 높아 무임승차(free riding) 위협이 큰 경우에는 독점적인 은행구조가 바람직함을 시사한다. 본 연구는 최근 금융산업에서 발생하는 인수합병의 경제적 효과를 설명하는 새로운 분석방법을 제시하고 있으며, 우리나라 및 세계 각국의 인수합병 관련 규제완화의 이론적 근거를 제공할 수 있다.

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국제대금결제 추세와 국제팩토링에 의한 신용위험 대처방안에 관한 연구 (A study on International Payment Trend and Measures to Protect Credit Risk by International Factoring)

  • 박세훈;한기문
    • 무역상무연구
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    • 제44권
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    • pp.85-107
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    • 2009
  • L/C allows the exporter to have a bank's payment undertaking against shipping documents required by L/C. This means that the exporter can take export proceeds from a L/C issuing bank regardless of importer's payments and therefore the L/C better mitigate importer's credit risk compared to remittance and collections. Recently the use of L/C has been on down trend in line with increasing use of T/T, causing a big change of payment system. This tells that the payment method change in Korea is positive as the change also happens same in developed countries. This however gives more buyer's credit risk to exporters and therefore a systematic solution to this negative effect is required. In Korea, export credit insurance has been widely used to cover the buyer's credit risk. But the export credit insurance is limited because of lack of government's financial support and strict evaluation of buyer and exporter. Now Korea is ranked 10the largest trading country and therefore the exporters shall find another source for credit risk protection elsewhere. And as such this paper suggest International Factoring as a tool for the credit risk protection. The International Factoring gives advantages to the exporter in terms of credit protection and advances by purchasing account receivables on a without recourse basis.

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Factors Affecting Satisfaction of Customers' Savings Deposit in the Context of COVID-19: Evidence from Vietnamese Commercial Banks

  • TRAN, Quoc Thinh;TRAN, Mai Uoc;LE, Xuan Thuy
    • The Journal of Asian Finance, Economics and Business
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    • 제7권10호
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    • pp.369-376
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    • 2020
  • Credit capital from customers' savings deposit (CSD) of banks has an important meaning in the business activities of the banking industry. There are many factors that influence the CSD satisfaction with banks. Certain changes have been made when there are fluctuations due to COVID-19. The article is based on an analysis assessing the factors that influence the CSD satisfaction of Vietnamese commercial banks in the context of COVID-19. The authors use a sample of 1,639 CSD. The results show that there are three variables that positively affect CSD satisfaction, including legal provisions of the Central bank (Legal), policies and mechanisms of commercial banks (Policy), and products of commercial banks (Product). Accordingly, in order to contribute to strengthening this capital mobilization of savings deposit, the Central bank of Vietnam needs to play a pivotal role in the regulations of the banking system to ensure its stability; control well monetary policy, interest rates, and inflation to keep a stable position in the economy; and provide timely financial support packages to enhance the confidence of CSD. Moreover, Vietnamese commercial banks need flexible policies and mechanisms to stimulate CSD; strengthen support on deposit rates for CSD; and diversify products to easily adapt to each CSD's situation.

글로벌 전자무역의 실현을 위한 eUCP의 역할과 개정방안 (A Study on the Roles and Revision of eUCP for Global Electronic Trading)

  • 최석범;홍성규
    • 무역상무연구
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    • 제18권
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    • pp.105-134
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    • 2002
  • In the Spring of 2000, the Banking Commission of the ICC decided to appoint a working group to draft a supplement to the UCP 500 to clarify the position regarding electronic presentation under a documentary credit. Provisions was drafted to supplement its existing rules for documentary credit, that is, UCP 500. These new provisions known as Supplement to UCP 500 for Electronic Presentation was approved by the ICC Banking Commission at the beginning of November 2001 and came in force as of 1 April 2002 The eUCP covers matters such as definitions of key terms such as electronic record, electronic signature, format, paper document, received. An eUCP Credit must specify the formats in which electronic records are to be presented and if not, electronic records may be presented in any format. Electronic records may be presented separately and need not be presented at the same time. The purpose of this paper is to understand the main substance of eUCP and to facilitate the introduction of electronic letter of credit by studying the problems and revision of eUCP and new electronic UCP. The main substances of eUCP are electronic address as place for presentation of electronic records, flexibility of the formats of electronic records to be presented, endowment of the notice of completeness of presentation to the beneficiary, one electronic record satisfying one or more originals or copies of an electronic record, the electronic records to be examined including the electronic record at the hyperlink to an external system or the referenced system, no remark as to the time period for the examination of documents. The Roles of eUCP are the Promotion of the Electronic Trade, the Supply of Basis on the Uniform Rules for Electronic Letter of Credit, the introduction of Electronic Trade Model. The characteristics of eUCP are a supplement to the UCP, no address of any issues relating to the issuance or advice of Credit electronically, independence of specific technologies and developing electronic commerce system, that is, Bolero Service. The Problems of eUCP are flexibility of format of electronic record, heavy burden on the side of banks, and the problems regrading the number of presentation, the notice of completeness of presentation, no provision in regard to the time to examine the electronic records, and representation of the electronic records. In the revision of eUCP to resolve the problems, the things to be taken into consideration are as follows; the designation of the format allowing the banks to examine electronically, prohibition of the paper documents, the development of the system receiving the electronic records, the addition of the reception notice on the side of the banks, the setting of the time to examine the electronic records, the construction of the backup system or the dual processing system.

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Banking Sector Depth and Economic Growth: Empirical Evidence from Vietnam

  • LE, Thi Thuy Hang;LE, Trung Dao;TRAN, Thi Dien;DUONG, Quynh Nga;DAO, Le Kieu Oanh;DO, Thi Thanh Nhan
    • The Journal of Asian Finance, Economics and Business
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    • 제8권3호
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    • pp.751-761
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    • 2021
  • The Vietnamese economy is a developing country that has brought many opportunities and challenges for the banking system. Commercial banks have developed strongly from quality to quantity, which plays a vital role in developing the economy. They play an important role in capital formation, which is essential for the economic development of a country. They provide financial services to the general public and businesses, ensuring economic and social stability and sustainable growth of the economy. Therefore, the relationship between bank depth and economic growth is of importance in research. This paper used a VAR (Vector Autoregressive Models) estimator for time series data models. The data is collected quarterly from the first quarter of the year 2000 to 2020. The study uses the VAR model to examine the causal relationships of economic growth, growth in money supply expansion, private sector capital requirement, and banks' domestic credit. The results indicate a general short-run relationship between banking sector depth and economic growth with a positive connection, but in the long term, the relationship between these variables can be reversed because of other macro factors. The findings show the two-way causal relationship between GDP growth and banking depth factors. This research contributes to policy-making by underlining the banking sector depth determinants when setting regulations and policies to develop the banking sector.

An Empirical Study of Financial Inclusion and Financial System Stability in ASEAN-4

  • NA'IM, Hadi;SUBAGIARTA, I Wayan;WIBOWO, Rudy;WARDHONO, Adhitya
    • The Journal of Asian Finance, Economics and Business
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    • 제8권7호
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    • pp.139-150
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    • 2021
  • The financial system is a relatively important sector in the economy of a country. Its role in providing access to financial services to people is able to support a better economy. The main problem in this financial system is caused by the barriers that prevent individuals or companies from accessing these financial services. This study aims to empirically analyze the relationship financial inclusion and financial system stability in ASEAN 4 (Indonesia, Malaysia, Thailand, and The Philippines). Financial inclusion proxied by the financial inclusion through credit variable and other banking variables such as the number of financial services access, banking asset, and financial system stabilization is seen from banking performance through non-performing loan and Z score instruments. Empirically, the study uses panel data in the form of annual data for 2005-2016. The method used Panel VAR. The result shows that financial inclusion affects the stability of the financial system in ASEAN 4. This indicates that financial development through financial inclusion can encourage stability of the financial system in ASEAN 4. In this globalization era, the integrated financial system is increasing, this research shows the importance of developing financial inclusion by eliminating barriers to financial exclusion.

전자금융의 성장과 경제활동의 변화 (Electronic Banking and the Changes of Economy Activity)

  • 김세인
    • 정보학연구
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    • 제2권2호
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    • pp.107-125
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    • 1999
  • ‘90년대 중반이후 급속히 성장한 전자금융은 금융자동화기기의 대중화와 더불어 홈뱅킹, 텔레뱅킹 등 공중통신망을 통한 거래, 인터넷을 통한 자금결제 등 다양한 지불수단을 제공하고 있다. 이러한 금융결제환경에서 소비자는 자금관리의 유동성을 확보하였으며 보다 편리하고 다양한 금융서비스를 제공하는 금융기관을 선호할 것으로 예견되며 은행은 고객편의성에 입각한 지불결제시스템의 제공과 이를 통한 새로운 경영수익 확대방안을 마련하여야 할 것이다. 또한 통화관리당국은 전자금융시스템의 안정적 기술기반의 제공과 더불어 지불수단별 전자금융의 추세를 분석하고 예측함으로써 금융시장의 교란요인을 최소화할 수 있는 방안을 마련하여야 할 것이다.

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A Risk-Return Analysis of Loan Portfolio Diversification in the Vietnamese Banking System

  • HUYNH, Japan;DANG, Van Dan
    • The Journal of Asian Finance, Economics and Business
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    • 제7권9호
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    • pp.105-115
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    • 2020
  • The study empirically examines the effects of loan portfolio diversification on bank risk and return in the nascent banking market of Vietnam. Loan portfolio diversification is captured through the Hirschman-Herfindahl index and the Shannon Entropy with sectoral exposures. We access each bank's financial reports to collect the required data, especially the breakdown of sectoral loan portfolios, thus constituting a unique dataset. To compute bank return, we use the traditional accounting indicators, including return-on-assets, return-on-equity, and net-interest margin. For bank risk, we utilize the loan-loss provisions and non-performing loans relative to gross customer loans. Using a sample of 30 commercial banks over the period from 2008 to 2019 and the system generalized method of moments estimator for the dynamic panel, we indicate the downsides of portfolio diversification. Concretely, we observe that all diversification measures exhibit significantly negative signs in all regressions across different bank return proxies. At the same time, the estimates display the significant and positive impact of diversification on the non-performing loan ratio. Hence, sectoral loan portfolio diversification significantly hampers bank performance in both aspects of lower return and higher credit risk. The results are robust across a rich set of bank performance and portfolio diversification measures.