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A Requiem for Sam's Bank
Chicago-Kent Law Review Volume 83 Issue 2 Symposium: Rethinking Payments in Article 18 Law April 2008 A Requiem for Sam's Bank Ronald J. Mann Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Law Commons Recommended Citation Ronald J. Mann, A Requiem for Sam's Bank, 83 Chi.-Kent L. Rev. 953 (2008). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol83/iss2/18 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. A REQUIEM FOR SAM'S BANK RONALD J. MANN* INTRODUCTION Wal-Mart's application to form a bank ignited controversy among dis- parate groups, ranging from union backers to realtors' groups to charitable organizations.' The dominant voices, though, were those of independent bankers complaining that the big-box retailer would drive them out of busi- ness. Wal-Mart denied any interest in competing with local banks by open- ing branches, 2 claiming that it was interested only in payments processing. Distrusting Wal-Mart, the independent bankers urged the Federal Deposit Insurance Corporation (FDIC) to deny Wal-Mart's request and lobbied state and federal lawmakers to block Wal-Mart's plans through legislation. Ultimately, Wal-Mart withdrew its application, concluding that it stood little chance of overcoming the opposition. The controversy dovetails with a banking regulatory concern about the existing system for supervising commercial firms that own non-traditional banks. -
Banker" Redirects Here
Bank From Wikipedia, the free encyclopedia Jump to: navigation, search For other uses, see Bank (disambiguation). "Banker" redirects here. For other uses, see Banker (disambiguation). "Bankers" redirects here. For the economics book, see The Bankers. This article has multiple issues. Please help improve it or discuss these issues on the talk page. • It needs additional references or sources for verification.Tagged since July 2008. • It may require general cleanup to meet Wikipedia's quality standards. Tagged since June 2010. Banking Types of banks Central bank Advising bank Commercial bank Community development bank Credit union Custodian bank Depository bank Export credit agency German public bank Investment bank Industrial bank Islamic banking Merchant bank Mutual bank Mutual savings bank National bank Offshore bank Private bank Savings and loan association Savings bank Swiss bank Universal bank Deposit accounts Savings account Transactional account Money market account Time deposit ATM card Debit card Credit card Electronic funds transfer Automated Clearing House Electronic bill payment Giro Wire transfer Banking terms Anonymous banking Automatic teller machine Loan Money creation Substitute check List of banks Finance series Financial market Financial market participants Corporate finance Personal finance Public finance Banks and Banking Financial regulation v·d·e Finance Financial markets [show] Bond market Stock market (equity market) Foreign exchange market Derivatives market Commodity market Money market Spot market (cash market) -
Close Industrial Loan Company Loophole
CLOSE INDUSTRIAL LOAN COMPANY LOOPHOLE INDUSTRIAL LOAN COMPANIES: “BANKS” In the age of big data, social media and e-commerce OWNED BY COMMERCIAL COMPANIES conglomerates, this threat is greater now than it was in Industrial loan companies (ILCs) are the functional the 1930s. We should be cautious before giving these equivalent of full-service banks. They engage in companies yet more reach into the economic life of commercial and consumer lending as well as deposit Americans by allowing them to leverage ownership taking and have access to the Federal Reserve of bank-like ILCs. The integration of technology and payments system. A loophole in the Bank Holding banking firms would not only result in an enormous Company Act allows commercial companies to own concentration of financial and technological assets but or acquire ILCs, subject only to approval by the FDIC. also would pose conflicts of interest in our banking Federal law prohibits all other full-service banks, system and privacy concerns for consumers. whether federal or state chartered, from being owned What will happen when social media giants extend their by commercial companies. reach into our financial lives? Access to Americans’ The ILC charter historically been limited and may be personal, financial data—monthly paycheck direct issued by only a handful of states, though it grants the deposits, account balances, expense patterns, political power to operate nationwide. Prior to 2020, the FDIC contributions, history of late fees, transaction records, had not approved deposit insurance for a new ILC for etc.—would create a whole new level of targeted more than 10 years. -
List of Certain Foreign Institutions Classified As Official for Purposes of Reporting on the Treasury International Capital (TIC) Forms
NOT FOR PUBLICATION DEPARTMENT OF THE TREASURY JANUARY 2001 Revised Aug. 2002, May 2004, May 2005, May/July 2006, June 2007 List of Certain Foreign Institutions classified as Official for Purposes of Reporting on the Treasury International Capital (TIC) Forms The attached list of foreign institutions, which conform to the definition of foreign official institutions on the Treasury International Capital (TIC) Forms, supersedes all previous lists. The definition of foreign official institutions is: "FOREIGN OFFICIAL INSTITUTIONS (FOI) include the following: 1. Treasuries, including ministries of finance, or corresponding departments of national governments; central banks, including all departments thereof; stabilization funds, including official exchange control offices or other government exchange authorities; and diplomatic and consular establishments and other departments and agencies of national governments. 2. International and regional organizations. 3. Banks, corporations, or other agencies (including development banks and other institutions that are majority-owned by central governments) that are fiscal agents of national governments and perform activities similar to those of a treasury, central bank, stabilization fund, or exchange control authority." Although the attached list includes the major foreign official institutions which have come to the attention of the Federal Reserve Banks and the Department of the Treasury, it does not purport to be exhaustive. Whenever a question arises whether or not an institution should, in accordance with the instructions on the TIC forms, be classified as official, the Federal Reserve Bank with which you file reports should be consulted. It should be noted that the list does not in every case include all alternative names applying to the same institution. -
Tax Relief Country: Italy Security: Intesa Sanpaolo S.P.A
Important Notice The Depository Trust Company B #: 15497-21 Date: August 24, 2021 To: All Participants Category: Tax Relief, Distributions From: International Services Attention: Operations, Reorg & Dividend Managers, Partners & Cashiers Tax Relief Country: Italy Security: Intesa Sanpaolo S.p.A. CUSIPs: 46115HAU1 Subject: Record Date: 9/2/2021 Payable Date: 9/17/2021 CA Web Instruction Deadline: 9/16/2021 8:00 PM (E.T.) Participants can use DTC’s Corporate Actions Web (CA Web) service to certify all or a portion of their position entitled to the applicable withholding tax rate. Participants are urged to consult TaxInfo before certifying their instructions over CA Web. Important: Prior to certifying tax withholding instructions, participants are urged to read, understand and comply with the information in the Legal Conditions category found on TaxInfo over the CA Web. ***Please read this Important Notice fully to ensure that the self-certification document is sent to the agent by the indicated deadline*** Questions regarding this Important Notice may be directed to Acupay at +1 212-422-1222. Important Legal Information: The Depository Trust Company (“DTC”) does not represent or warrant the accuracy, adequacy, timeliness, completeness or fitness for any particular purpose of the information contained in this communication, which is based in part on information obtained from third parties and not independently verified by DTC and which is provided as is. The information contained in this communication is not intended to be a substitute for obtaining tax advice from an appropriate professional advisor. In providing this communication, DTC shall not be liable for (1) any loss resulting directly or indirectly from mistakes, errors, omissions, interruptions, delays or defects in such communication, unless caused directly by gross negligence or willful misconduct on the part of DTC, and (2) any special, consequential, exemplary, incidental or punitive damages. -
Legislative Fiscal Bureau
Fiscal Services Division Legislative Services Agency Fiscal Note SF 2030 - Automated Teller Machine Sales Tax Exemption (LSB 5028 XS) Analyst: Jeff Robinson (Phone: (515) 281-4614) ([email protected]) Fiscal Note Version - New Requested by Senator Pat Ward Description Senate File 2030 exempts service charges assessed by financial institutions from sales/use tax where the person being assessed the charge is a customer of the financial institution assessing the service charge. Service charges include point-of-sale purchases, automated teller machine (ATM) charges, and potentially any other service charge assessed to the customer. The Bill would take effect July 1, 2006. Background “Financial institution” is defined as a state or federal bank, credit union, savings and loan, industrial loan company, or any affiliate of one of those organizations. Under current law, service charges assessed by financial institutions against non-customers of that institution are exempt from State sales tax. This is generally limited to ATM charges assessed to persons using the ATM where the ATM is not owned by the customer’s bank. Any service charge assessed by a financial institution against a checking account of the institution’s own customer are currently subject to sales tax. This would include ATM transactions involving an ATM owned by the customer’s bank or charges for use of an ATM not owned by the customer’s bank. The same is true for point-of-sale fees, if any. Financial institutions also currently charge customers service fees for other checking account related actions, including fees to stop payments, card issuance/replacement, insufficient funds, certified checks, etc. -
Rules and Regulations Federal Register Vol
10703 Rules and Regulations Federal Register Vol. 86, No. 34 Tuesday, February 23, 2021 This section of the FEDERAL REGISTER Review Examiner, (508) 698–0361, nonmember banks,1 including industrial contains regulatory documents having general Extension 8027, [email protected]; Don banks and industrial loan companies applicability and legal effect, most of which Hamm, Special Advisor, (202) 898– (together, ‘‘industrial banks’’).2 In are keyed to and codified in the Code of 3528, [email protected]; Patricia granting deposit insurance, issuing a Federal Regulations, which is published under Colohan, Associate Director, Risk non-objection to a change in control, or 50 titles pursuant to 44 U.S.C. 1510. Management Examinations Branch, approving a merger, the FDIC must 3 The Code of Federal Regulations is sold by (202) 898–7283, [email protected], consider the factors listed in sections 6, the Superintendent of Documents. Division of Risk Management 7(j),4 and 18(c),5 respectively, of the Supervision. Federal Deposit Insurance Act (FDI Act). Congress expressly made all industrial FEDERAL DEPOSIT INSURANCE SUPPLEMENTARY INFORMATION: banks eligible for Federal deposit CORPORATION 6 Table of Contents insurance in 1982. As deposit insurer and as the appropriate Federal banking 12 CFR Part 354 I. Policy Objectives agency for industrial banks, the FDIC RIN 3064–AF31 II. Background supervises industrial banks. A key part A. History of its supervision is evaluating and Parent Companies of Industrial Banks B. Industrial Bank Exclusion Under the mitigating the risks arising from the and Industrial Loan Companies BHCA activities of the control parties and C. Industry Profile owners of insured industrial banks to AGENCY: Federal Deposit Insurance D. -
Moldova Country Strategy
DOCUMENT OF THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT STRATEGY FOR MOLDOVA As approved by the Board of Directors on 4 September 2007. TABLE OF CONTENTS EXECUTIVE SUMMARY........................................................................................................................4 COUNTRY STRATEGY...........................................................................................................................6 1. THE BANK'S PORTFOLIO .................................................................................................................6 1.1 Overview of Bank Activities to Date.....................................................................................6 1.2 Implementation of the Previous Country Strategy................................................................7 1.3 Transition Impact of the Bank’s Portfolio and Lessons Learned .........................................8 1.3.1 Quality of Portfolio ........................................................................................................................ 8 1.3.2 Mobilisation of Co-financing ......................................................................................................... 8 1.3.3 Transition Impact and Lessons Learned ......................................................................................... 9 1.4 Portfolio Ratio....................................................................................................................10 2. OPERATIONAL ENVIRONMENT ......................................................................................................10 -
FR 2052A Complex Institution Liquidity Monitoring Report OMB Number 7100-0361 Approval Expires March 31, 2022
FR 2052a Complex Institution Liquidity Monitoring Report OMB Number 7100-0361 Approval expires March 31, 2022 Public reporting burden for this information collection is estimated to average 120 hours per response for monthly filers and 220 hours per response for daily filers, including time to gather and maintain data in the required form and to review instructions and complete the information collection. Comments regarding this burden estimate or any other aspect of this information collection, including suggestions for reducing the burden, may be sent to Secretary, Board of Governors of the Federal Reserve System, 20th and C Streets, NW, Washington, DC 20551, and to the Office of Management and Budget, Paperwork Reduction Project (7100-0361), Washington, DC 20503. FR 2052a Instructions GENERAL INSTRUCTIONS Purpose The FR 2052a report collects data elements that will enable the Federal Reserve to assess the liquidity profile of reporting firms. FR 2052a data will be shared with the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation to monitor compliance with the LCR Rule. Confidentiality The data collected on the FR 2052a report receives confidential treatment. Information for which confidential treatment is provided may subsequently be released in accordance with the terms of 12 CFR 261.16 or as otherwise provided by law. Information that has been shared with the OCC or the FDIC may be released in accordance with the terms of 12 CFR 260.20(g). LCR Rule For purposes of these instructions, the LCR Rule means 12 CFR part 50 for national banks and Federal savings associations, Regulation WW or 12 CFR part 249 for Board‐regulated institutions, and 12 CFR part 329 for the FDIC‐supervised institutions. -
Fintech Industrial Banks and Beyond: How Banking Innovations Affect the Federal Safety Net
FINTECH INDUSTRIAL BANKS AND BEYOND: HOW BANKING INNOVATIONS AFFECT THE FEDERAL SAFETY NET Cinar Oney* ABSTRACT The FinTech industry has been utilizing technological innovations to provide services traditionally offered by the banking and financial industry. Until now, many FinTech firms engaging in these activities had non-bank state licenses. The uncertainties surrounding their current business models and the desire to expand the operations led some of these firms to apply for industrial bank charters. An industrial bank charter is one of the few ways for a commercial firm to control a depository institution and allows FinTech firms to retain their technological investments that are not directly related to banking. However, access of these industrial banks to the federal insurance, payment services, and the discount window raise some concerns. It is claimed that the parent companies of these banks might gain an unfair advantage over their competitors, misguide their creditors, or limit their liabilities by benefitting from the federal subsidies given to the banking industry. This Note analyzes these claims and proposes two alternatives—credit card banks and state bank subsidiaries—for the FinTech firms seeking to engage in the business of banking. Particularly, engaging in non-bank activities through bank subsidiaries could eliminate some of the persistent moral hazard problems that the industrial bank model might entail. Although the industrial bank activities would not pose a significant risk to the federal safety net, these alternatives to the industrial banks could be preferable for sustaining the development of the FinTech industry as well as maintaining a safe and sound banking system. -
World Bank Document
Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Report No. 107502-MD MOLDOVA PATHS TO SUSTAINED PROSPERITY A Systematic Country Diagnostic August 2016 ii CURRENCY EQUIVALENTS (Exchange Rate as of August 15, 2016) Currency Unit US$1.00 = MDL 19.7648 Weights and Measures: Metric System ABBREVIATIONS AND ACRONYMS BEEPS Business Environment and Enterprise Performance Survey DCFTA Deep and Comprehensive Free Trade Agreement (EU) EU European Union FDI foreign direct investment GDP gross domestic product NBM National Bank of Moldova NCFM National Commission for Financial Markets OECD Organisation for Economic Co-operation and Development PISA Program for International Student Assessment (OECD) PPP purchasing power parity SOE state-owned enterprise Vice Presidents: Cyril Muller, Dimitris Tsitsiragos World Bank Country Director: Satu Kahkonen International Finance Corporation Regional Director: Tomasz Telma Senior Directors: Felipe Jaramillo; Ana Revenga Practice Managers: Ivailo Izvorski; Carolina Sánchez-Páramo co–Task Team Leaders: María E. Dávalos; Ruslan Piontkivsky iii Table of Contents Team members and acknowledgments ........................................................................................................ ix Executive Summary ...................................................................................................................................... 1 I. Introduction .......................................................................................................................................... -
INDUSTRIAL LOAN COMPANIES: CLOSING the LOOPHOLE to AVERT CONSUMER and SYSTEMIC HARM March 2019
ILC INDUSTRIAL LOAN COMPANIES: CLOSING THE LOOPHOLE TO AVERT CONSUMER AND SYSTEMIC HARM March 2019 www.icba.org TABLE OF CONTENTS Executive Summary and Introduction ......................................................................3 Part I: Preserve the Separation of Banking and Commerce ..............................5 What is an ILC? ...................................................................................................................5 Why separate banking and commerce........................................................................6 The Bank Holding Company Act ...................................................................................7 Amendments to the BHCA: Reaffirming the separation of banking and commerce ............................................................................................................................8 Part II: Regulatory “Blind Spots”: The ILC Loophole Is a Threat to Safety and Soundness ...............................................................................................................10 Consolidated supervision .............................................................................................10 ILC holding companies not subject to consolidated supervision .......................10 Holding company source of strength doctrine is of limited value without consolidated supervision of commercial parent companies ................................ 11 Risk to the federal safety net .......................................................................................12