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Financial Law Review
|
2020
|
vol. 18
|
issue 2
1-12
EN
Export Credit Agencies have been playing an increasing role in promoting international trade and foreign investment. These agencies differ in their ownership structure and in their governance. Similarly, the importance of applying proper corporate governance has been increasing rapidly. Profit and non-profit institutions are being under pressure to protect shareholders’ interest and employees’ rights and to act in a responsible manner without being all about blind-folded profit maximization. For that, this paper thoroughly examines the ownership structure and governance of the UK Export Finance (UKEF) and how it adheres by corporate governance rules. The paper, through analyzing primary and secondary data, aims to emphasize that there is room for improvement in the current corporate governance model followed by the UKEF.
Financial Law Review
|
2021
|
vol. 22
|
issue 3
63-76
EN
As businesses are actively incorporating technology as means of cost reduction and service provision, financial institutions have lately been one of the most active institutions in utilising information technology (IT) to their advantage. Although technology presented financial institutions with many opportunities and opened the door for a new hybrid sector to be formed, this came with its share of disadvantages one of which revolves around cyber security. Combined with the complex nature of products and services offered online through non-traditional financial institutions, this meant that adjusting the regulatory framework governing such products, services and institutions has now become a must. Since the current regulatory framework applicable on online banking does not differ much from that applied on bricks-and-mortar ones especially in terms of money laundering and deposit protection schemes, this paper recommends a hybrid, tech-centred, regulatory framework that is specifically designed to cater for financial institutions in order to offer users of these platforms higher levels of protection and suggests the creation of a joint regulatory and supervisory body that oversees and regulates activities of FinTechs. Such change should take into consideration the higher risk factor associated with online banking and the nature of service provision. The paper in its unique approach aims to inspire and influence change to further enhance customer protection and service provision of online banks.
Financial Law Review
|
2019
|
vol. 16
|
issue 4
17-28
PL
Currency exchange risk is one of the major risks foreign investors may be exposed to while investing overseas. Such risk takes place when the host state’s currency appreciates or depreciates in value affecting negatively the investor’s investment. Since investors are concerned with losing the value of the host state’s currency once an investment is made using that currency, it might be helpful for them to clearly understand when such risk occurs due to demand on the currency or due to manipulation of the host state in the exchange rates. For that, the paper clearly defines the nature of currency exchange risk in foreign direct investment where such financial risk may easily be regarded as a political one. The paper aims to add value through introducing a new approach in understanding the components that makes currency exchange risk considered as purely political risk or as purely financial. It aims to introduce the cases where such threat may be regarded as a political financial risk in order to assist investors in understanding what kind of a risk they could experience. The paper proves that currency exchange threat may take one of three forms through examining nature of financial regulations in host states and through probing recent cases settled by ICSID.
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