• Title/Summary/Keyword: credit problems

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Case Study on Acceptability of Non-Documentary Conditions in Letters of Credit Transactions - Focused on the ICC Interpretation and Caselaws in the U.S. and Korea - (신용장거래에서 비서류적 조건의 인정여부에 관한 사례검토 - ICC유권해석, 미국 및 한국법원의 판례를 중심으로-)

  • Kang, Won-Jin;Kim, Dong-Yoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.33
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    • pp.3-28
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    • 2007
  • A non-documentary conditions is a condition contained in the credit without reference to the presented document in compliance therewith, thereby causing many problems to all parties involved in letter of credit transactions. The purpose of this study is to examine the regulations on the non-documentary conditions under Uniform Customs and Practice for Documentary Credits: UCP, International Standby Practices: ISP98, United Nations Convention on Independent Guarantee and Stand-by Letters of Credit: CIGSLC and Uniform Commercial Code: UCC and also the opinions on the effect of non-documentary conditions through the analysis of several cases on the non-documentary conditions. The result of this study can be summarized as follows: First, UCP, ISP98, CIGSLC and UCC stipulate that banks will deem non-documentary conditions as not stated and will disregard them. Second, courts used to permit the effect of non-documentary conditions. Finally, all parties should not attempt to put in any non-documentary conditions in order to prevent disputes on the effect of non-documentary conditions.

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Bank-specific Factors Affecting Non-performing Loans in Developing Countries: Case Study of Indonesia

  • Rachman, Rathria Arrina;Kadarusman, Yohanes Berenika;Anggriono, Kevin;Setiadi, Robertus
    • The Journal of Asian Finance, Economics and Business
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    • v.5 no.2
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    • pp.35-42
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    • 2018
  • In recent decades, financial crises in various countries have often been preceded by the rise in non-performing loans (NPLs) in the banks' asset portfolios. The increase in NPLs is proven to have adverse impact on the banking sector so that understanding the determinant of NPLs is immensely crucial to ensure the efficiency and soundness of the overall economy. This study aims to shed light on bank-specific factors that affect loan default problems in developing countries whose banking sectors play a major role in the overall economy. This study analyzes panel data sets of 36 commercial banks listed in the Indonesian Stock Exchange during the period 2008-2015. Applying fixed-effects panel regression model reveals that Indonesian banks' profitability and credit growth negatively influence the number of NPLs. Moreover, banks with higher profitability are proven to have lower NPLs because they can afford adequate credit management practices. Likewise, banks with higher credit growth evidently have lower NPLs in the sense that they demonstrate more specialized lending activity and thus have better credit management systems. These findings imply that, in order to lower loan defaults that can deteriorate banks' asset quality, banks should maintain their level of profitability and increase, rather than decrease, their credit supply to debtors.

The DCiF Model and Credit Evaluation on Korean Construction Companies (건설기업 신용평가에 있어서 DCiF 모델의 활용에 관한 연구)

  • Park Tong-Kyu
    • Korean Journal of Construction Engineering and Management
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    • v.5 no.4 s.20
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    • pp.97-106
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    • 2004
  • Credit evaluation by domestic financial institutions on Korean construction companies has had many problems with its tools and criteria ignoring the industrial characteristics. This study develops the DCiF(discounted cash inflow) model as a solution and discusses its usage in construction financing. It also examines the significance of the DCiF indices through regressions and statistical comparison with the other credit evaluation estimates. The results show its clear significance and consistent fitness. Based on the empirical results, implications and methodology are provided for the effective use of the indices in credit evaluation on the construction companies.

Case Study on the Discrepancies of Bill of Lading under UCP 600 (UCP 600 이후 선화증권 하자관련 분쟁사례)

  • Seo, Jung-Doo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.45
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    • pp.111-136
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    • 2010
  • Bill of lading means the transport document ("marine", "ocean" or "port-to-port" or similar), however named, covering sea shipment only. Data in a bill of lading, when read in context with the credit, the document itself and international standard banking practice, need not be identical to, but must not conflict with, data in that document, any other stipulated document or the credit, according to UCP 600 and ISBP. This article has provided the general guideline of the discrepancies on the basis of UCP 600, ISBP 681 and the ICC Banking Commission Opinions, for the solution of the unpaid problems of the credit transactions. I have studied especially the ICC Banking Commission Opinions and the DOCDEX Decisions on the bill of lading after UCP 600, the international standard banking practice (ISBP 681), and the recent Korean cases. As such, this article would fill a need gap in the market between the general principles in the UCP provisions and the daily job of the practitioner. The credit practitioners are suggested to this resulting guidance whenever doubts arise as to how to check the credit documents in daily practice.

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An Empirical Study on the Determinants of Re-startup Firm's Performance by the Condition of Credit Problems (신용문제에 따른 재창업기업 성과 결정 요인에 대한 실증연구)

  • Kim, In Sue;Lee, Taek Ku
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.13 no.2
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    • pp.15-26
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    • 2018
  • This study examines the effects of failure experience, re-startup's motivation, government support business and education for re-startup on the performance of re-startup firms after failure. In addition, we analyzed how the above factors affect the performance of re-startup firms by the condition of debt and credit problems. As a result of the analysis, the failure experience had no significant effect on the re-startup performance regardless of the credit problem, while re-startup's motivation, government support business and education for re-startup had a significant effect on re-startup firms' performance. In the re-startup group with the credit problem, the re-startup's motivation and the failure experience had a significant influence on the re-startup firms' performance. On the other hand, in the group that did not solve the credit problem, the re-startup's motivation and the failure experience had no significant effect on the re-startup performance, but the government support business and education for re-startup had a significant effect on re-startup performance. The results of this study are as follows: First, it shows that the characteristics of re-startups and the determinants of re-startups are different according to credit problems. Second, this study shows that it takes 56 months on average from the close of business to the re-start, and it may take more than 7 years due to the credit problems and bankruptcy. This suggests the necessity to consider re-startup in the concept of obsolete in consideration of time, when studying the direct/indirect influence of failure experience and re-startup, and establishing policy.

Problems on Examining the Electronic Records in Letter of Credit Transactions (신용장거래에서 전자기록의 심사에 따른 문제점에 관한 고찰 - e-Nego 시스템과 전자선화증권을 중심으로 -)

  • Lee, Chang-Sook;Kang, Won-Jin
    • International Commerce and Information Review
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    • v.12 no.2
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    • pp.85-107
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    • 2010
  • A comprehensive electronic trade portal such as the electronic bills of lading, e-negotiations and so on, is developed by the Korea Ministry of Knowledge Economy and International Trade Association and serviced by KTNET. The portal, so called u-TradeHub, formally started to provide its services on 22nd May, 2009. If the shipper issues electronic bills of lading, the negotiating bank examines it through the established e-Nego system. However, the issuing bank overseas cannot examine the electronic bills of lading, because any interactive system does not exist. So, after the e-Nego, the electronic bills of lading gets automatically transformed into the paper-type electronic bills of lading and issuing bank examine paper B/L. In process of examining documents, the beneficiary using electronic means in letter of credit transactions may face some risks such as the corruption to the electronic bill of lading after its issuance by the carrier, the corruption after e-Nego and the corruption after the presentation to the issuing bank. In this paper, we studied the problems on corruptions to occur in the middle of the examination process of the electronic bills of lading and suggestions how to solve them are discussed.

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The Judgment Standard of the Compliance of the Documents in the International Standard Banking Pratice (국제표준은행관습상(國際標準銀行慣習上)의 서류(書類)의 일치성(一致性) 판단기준(判斷基準))

  • Chae, Jin-Ik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.631-655
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    • 2000
  • This article is focused on the review of the judgement standard for compliance of the documents in international standard banking practice. Since the establishment of Uniform Customs and Practice for Documentary Credits, The practices of the Credit transactions has been formed and developed with the rapidly changing progress of the international trade environment. but though the international standard banking practice have meaning to suggest a new examination standard, in practice, there are some problems on the judgement of the compliance of the documents. Therefore, for the useful judgement standard for compliance of the documents, the range of the standard should become concrete and simple so that all the related parties can forecast. and the opinions and interpretations published by ICC Banking Committee are recommended to be used, systematized and activated. and also with the change of the trade environment, the changed standard practice could be published annually for the useful use. and it will be necessary to consider to publish the publications in the form of the "White Book" Last, it is necessary to accept the changes by the needs of the times as the international standard banking practice promptly and analysis accurately its problems for the times of the electronic commerce, so that Credit systems should be settled and developed continuously as the useful means of the settlement of the proceeds conquering of the characteristics originated from the international transactions between the parties concerned.

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Problem and Policy of e-Commerce Payment System (전자상거래 결제시스템의 현황과 과제 -전자화폐를 중심으로-)

  • 박근수
    • The Journal of Information Technology
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    • v.3 no.3
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    • pp.77-88
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    • 2000
  • Electronic Commerce increased rapidly according to the growing popularity of Internet. but payment system are not changed. Now main payment system of electronic commerce are credit card and cyber banking system. Then credit card has some problems safety, privacy etc, and cyber banking system has some problem also. We need new payment system to Electronic Commerce. The merit of electronic money are more capacity, more secure, more reliable, quick and easy to update, secure off-line processing, enabling technology etc than credit card and cyber banking system. And so many countries began using experiment of electronic money and our country began July KOEX building. But it has some problems (standardization, safety of payment, etc). Therefor we must make nile about electronic money in order to standardization and safety of payment. After then electronic money are used widely in electronic commerce.

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A Survey of the Application of Blockchain in Multiple Fields of Financial Services

  • Wang, Yiran;Kim, Dae-Kyoo;Jeong, Dongwon
    • Journal of Information Processing Systems
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    • v.16 no.4
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    • pp.935-958
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    • 2020
  • The core value of finance is credit. It can be said that without credit, there can be no finance. The distributed structure of the blockchain and the low-cost trust-building mechanism based on mathematical algorithms provide a new solution and path for solving and optimizing related problems in the financial field. The blockchain technology is applied in the development of the financial industry through consensus mechanisms, smart contracts, and distributed networks. In this research, a comprehensive survey of the blockchain technology is proposed in the development of financial services including equity crowdfunding and credit investigations in inclusive finance, cross-border remittance, Internet financial payment, P2P lending, supply chains finance, and the application of blockchain in the field of anti-money laundering. This paper discusses the role of blockchain in solutions to different issues in the financial field. It also discusses the architectures in different financial service application scenarios from the perspective of the financial trust mechanism and the perspective of the technology and rule change of blockchain participation in financial innovation. Finally, the problems and challenges of blockchain in financial services are discussed, and corresponding solutions are proposed.

The Effect of Management and Ownership Share by Family Governance on the Credit Ratings of Corporate Bonds (가족지배에 의한 경영과 소유지분이 회사채신용등급에 미치는 영향)

  • Kim, Seon-Gu
    • Journal of the Korea Convergence Society
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    • v.10 no.4
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    • pp.175-182
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    • 2019
  • The purpose of this study is to test whether credit rating agencies highly evaluate the credit ratings of corporate bonds based upon management participation and ownership share by family governance in ownership structure forms. The samples of this study for empirical analysis were 1,449 non-financial companies listed on Korean Exchange from 2011 to 2016, over whose firm/year data this study conducted regression analysis. The results of empirical analysis in this study are as follows. First, family businesses had positive effects on the evaluation of corporate credit ratings. Second, if the ownership share of family businesses was higher, corporate credit ratings were higher. This result means that high ownership share in family businesses has very positive effects on the credit ratings of related businesses. It is meaningful that this study tested the effect that family businesses can alleviate agency problems and reduce information asymmetry. Furthermore, it is also academically meaningful that this study can contribute to future studies on the role of ownership structure.