Banking Regulation in Africa


Book Description

There is little literature on the development of banking regulation in Nigeria, or the scope of powers of the Central Bank of Nigeria, which is its core banking sector regulator. The critical impetus of this book is to contribute to the literature of this area, with a detailed exploration of the Nigerian regulatory architecture. In addition, the book also engages in a comparative analysis with two emerging economies in Africa: South Africa and Kenya. It also considers the UK and the US as comparator jurisdictions in light of their regulatory responses to the global financial crisis of 2008. This book contributes to the ongoing discourse in this area by exploring, in detail, the theoretical underpinnings of regulation and supervision, to determine whether there is an understanding of what constitutes effective regulation in these jurisdictions. Given that Nigeria is the core jurisdictional focus, a historical account of banking exchanges from the pre-colonial era to more recent times is provided. Offering an understanding of how political, local and economic settings, in conjunction with the theories of regulation, have impacted and influenced regulatory development in Nigeria, the book engages in an examination of Nigeria’s historical experiences with bank failures, including the banking crisis it experienced in 2008. The newly enacted Banks and Other Financial Institutions Act 2020 is also explored as part of this discourse. Through a critical analysis of the law, the book demonstrates that the Nigerian regulator has historically adopted a reactionary strategy, instead of a proactive and pragmatic approach, which is imperative for an effective regulatory regime. The outcome of this analysis is that there are lessons to be learned, and proposals are discussed in order to rethink the act of banking regulation.




Law of Banking and Payment in South Africa


Book Description

The Law of Banking and Payment in South Africa provides an explanation of some of the more important aspects of the law applicable to banks and banking in South Africa, along with the principles that govern payment and payment systems in this country. The Law of Banking and Payment in South Africa covers the following areas: a general introduction to banks and banking law; the nature of banking law and its sources; the role and function of the Reserve Bank and the various statutes that regulate banks; the bank-customer relationship; miscellaneous banking services provided by banks; general principles of payment; the law applicable to various payment systems; unauthorised cheque payments and unauthorised electronic funds transfers; international sale transactions; and bank guarantees.







Off-Balance Sheet Activities


Book Description

The objective of Off-Balance Sheet Activities is to gain insights into, and propose meaningful solutions to, those issues raised by the current proliferation of off-balance sheet transactions. The book has its origins in a New York University conference that focused on this topic. Jointly undertaken by the Vincent C. Ross Institute of Accounting Research and New York University's Salomon Center for the study of Financial Institutions at the Stern School of Business, the conference brought together academic researchers and practitioners in the field of accounting and finance to address the issues with the broad-mindedness requisite of a group whose approaches to solutions are as different from each other as their respectively theoretical and applied approaches to the disciplines of finance and accounting. The essays are divided into two sections. The first covers issues surrounding OBS activities and banking and begins with a brief introduction that places the essays into context. OBS activities and the underinvestment problem, whether loan sales are really OBS, and money demand and OBS liquidity are examined in detail. Section two, which also begins with a brief introduction, focuses on issues of securitized assets and financing. A report on recognition and measurement issues in accounting for securitized assets is followed by three separate discussion essays. Other subjects covered include contract theoretic analysis of OBS financing, the use of OBS financing to circumvent financial covenant restrictions, and debt contracting and financial contracting. The latter two contributions are also followed by discussion essays. This unique collection of papers will prove to be an interesting and valuable tool for accounting and finance professionals as well as for academics involved in these fields. It will also be an important addition to public, college, and university libraries.







South African Banking Legislation


Book Description

This publication collects the most important legislation pertaining to banking in one comprehensive volume. Relevant regulations are included.







Inside the South African Reserve Bank


Book Description

Stephen Mitford Goodson's Inside the South African Reserve Bank Its Origins and Secrets Exposed sweeps aside the usual dust of economic theory to provide a thoroughly engaging account on the origins and purposes of the Republic's central banking institution. Goodson does so as an "outsider" on the "inside," a proponent of banking reform who became a non-executive director of the SA Reserve Bank. What Goodson found was ineptitude, corruption, careerism, ignorance and scandal. When Goodson became too troublesome for the status quo, he was removed, smeared, and attempts were made to legally silence him. Here Goodson not only gives an account of his time within the SA Reserve Bank, but places the bank within its historical context, having been established as part of a world-wide agenda orchestrated by Montagu Norman, governor of the Bank of England, to create "central banks" throughout the world as part of a global financial system controlled by international financiers. Those who figured prominently in imposing this fraudulent financial system on South Africa were Jan Smuts, and his friend and adviser Henry Strakosch, whose closeness to Winston Churchill is also shown to be of world historical significance. The only voices raised in opposition to this deceptively-named "central banking" were from the Labour Party. Those voices have long gone from anything still calling itself "Labour," in South Africa as elsewhere. However, there were alternatives, such as the use of state banking in Canada, Australia, New Zealand, Germany, Japan and Italy, and the enduring example of North Dakota. Goodson examines each of these. Moreover, he provides a series of appendices on draft legislation for exactly how a sound banking system could be implemented, creating for the first time genuine sovereignty, prosperity and justice.




Banking in Africa: Delivering on Financial Inclusion, Supporting Financial Stability


Book Description

In its fourth edition, this report focuses on recent developments in Africa's banking sectors and the policy options for all stakeholders. The study of banking sectors across all African sub-regions includes the results of the EIB survey of banking groups operating in Africa. Three thematic chapters address challenges and opportunities for financing investment in Africa: Crowding out of private sector lending by public debt issuance The state of bank recovery and resolution laws in Africa Policy options on how to finance infrastructure development. The report finds that in many African banking markets, the last two years saw a pause in financial deepening. However, a rising share of banking groups report improving market conditions and plan a structural expansion of their operations in Africa and a continued push for new technologies.




Banking Regulation


Book Description

This title provides an indispensable guide for any Scots law student of evidence, accurately covering all the necessary topics for a fundamental understanding of the law of evidence as it stands in Scotland.