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I-BANKING REGULATIONS IN ANCIENT TIMES:- 1,The history of banking depends on the history of money, and on grain-money and food cattle-money used from at least 9000 BC, 2,The History of Banking begins with the first prototype banks of merchants in the ancient world, 3, This began around 2000 BC in Assyria and Babylonia. Later, in ancient Greece and during the Roman Empire. 4, The first offshore banking industry seems to have emerged in the tiny and remote island of Delos. 5, By the fifth millennium B.C the settlements of Sumer (An ancient region in southwestern Asia, in present-day

Jayakar Bathula, NALSAR University of Law-HYDERABAD

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Page 1: Jayakar Bathula, NALSAR University of Law-HYDERABAD

I-BANKING REGULATIONS IN ANCIENT TIMES:-

1,The history of banking depends on the history of money, and on grain-money and food cattle-money used from at least 9000 BC,

2,The History of Banking begins with the first prototype banks of merchants in the ancient world,

3, This began around 2000 BC in Assyria and Babylonia. Later, in ancient Greece and during the Roman Empire.

4, The first offshore banking industry seems to have emerged in the tiny and remote island of Delos.

5, By the fifth millennium B.C the settlements of Sumer (An ancient region in southwestern Asia, in present-day Iraq, comprising the southern part of Mesopotamia), such as Eridu, were formed around a central temple.

Page 2: Jayakar Bathula, NALSAR University of Law-HYDERABAD

CODE OF HUMMARABI:-

1,The code of Hammurabi was implemented in the Ancient Mesopotamia to keep all the records of the Banking transactions 5th Millennia B.C.

2,The first grain loans and letters of credit existed from the time of the first great civilizations on earth. And they were used to give receipts for the Clay tablets.

Page 3: Jayakar Bathula, NALSAR University of Law-HYDERABAD

COINS IN MESAPATOMIA:-

1,These coins were used in Mesopotamia for

their Banking transactions.

Page 4: Jayakar Bathula, NALSAR University of Law-HYDERABAD

BABILOYN ERA:-

Page 5: Jayakar Bathula, NALSAR University of Law-HYDERABAD

HOUSE OF EGIBI OF BABYLONIA:-

1,Prior to the reign of Sargon I of Akkad (2335-2280) the occurrence of trade was limited to the internal boundaries of each city-state of Babylon and the temple located at the center of economic activity there-in trade at the time for citizens external to the city was forbidden.

2,During the reign of Darius according to the source a "lending house" a family engaging in "professional banking..." .

3,The provision of credit is apparently also something the Murashu family participated in.

4, Cuneiform records of the house of Egibi,The origin of paper currency began in Babylon, if you consider clay tablets to be paper or China.

Page 6: Jayakar Bathula, NALSAR University of Law-HYDERABAD

EGYPT:-

1,About the time of the 18th century BC amounts of gold were deposited within the boundaries of the temple buildings of Egypt for reasons of security.

2, The Ptolemy's of Egypt developed the two-tier monetary system using precious metals for international trade and grain for local monetary transaction.

3,In Egypt from early times, grain having an intrinsic value as food functioned, in addition to precious metals, as money. The regional granaries were used to store and loan the grain of communities, functions similar to banking services.

4, Documents made to show the banking of taxes were known as pep token-records.

Page 7: Jayakar Bathula, NALSAR University of Law-HYDERABAD

ANCIENT GREEK COINS:-The faces of coins from the 7th century BC onwards.

Page 8: Jayakar Bathula, NALSAR University of Law-HYDERABAD

ANCIENTGREEK:-

1,Its first mention of bankers relates to fifth and fourth century BC Athens. These developed from money changers exchanging foreign for Athenian coins from benches set up in the Agora or market place.

2,They soon added a facility of safe deposit boxes. They then began to lend money, typically at 12 per cent interest. The best known of these early bankers was Passion, a former slave, who died an extremely wealthy man in 370BC. 

Page 9: Jayakar Bathula, NALSAR University of Law-HYDERABAD

GOLD COINAGE:-

Gold coin produced by the Roman Imperial Mint-During-325 BC.

Page 10: Jayakar Bathula, NALSAR University of Law-HYDERABAD

ANCIENT HISTORY OF BANKING IN ROME:-

1,The first silver coin was the didrachm, introduced in 269 BC after victory in war with Tarentum and Pyrrhus - Rome controlled Samnium, Lucania and Bruttium, practically all of Italy, leading to the conflict with Cartago.

2, The wealth gained in the war made a silver currency possible, though the coins with a Greek-Italic design were probably made for the conquered lands, which were using Greek drachmas for centuries. In 241 the war with Cartago brought Sicily under control. In 235 BC were the unwieldy bronze coins reduced to a half weight with the same nominal value, turning them into credit coins.

Page 11: Jayakar Bathula, NALSAR University of Law-HYDERABAD

II-HISORY OF BANKING IN MEDEIVAL TIMES:-

1,The Bardi and Peruzzi families dominated banking in 14th century Florence, establishing branches in many other parts of Europe. Perhaps the most famous Italian bank was the Medici bank, established by Giovanni Medici in 1397.

2,The oldest bank still in existence is Monte dei Paschi di Siena, headquartered in Siena, Italy, which has been operating continuously since 1472.It is followed by Bahrenberg Bank of Hamburg (1590).

3,Significant private international banking and commercial ventures provided the foundation for many fortunes but even they succumbed to the recession that began in the fourteenth century.

Page 12: Jayakar Bathula, NALSAR University of Law-HYDERABAD

MEDIEVAL EUROPE:-

4,In the early fourteenth century, Florence's textile industry and banking catapulted the city-state into the forefront of European enterprise and, eventually, into the Italian Renaissance. Significant private international banking and commercial ventures provided the foundation for many fortunes.

5,During the fifteenth century, municipal banks became established, including one at Barcelona in 1401 and one a few years later at Valencia. One of the longest and most stable banks was the Bank of Saint George in Genoa, established in 1407 by state creditors and run by a board of directors.

Page 13: Jayakar Bathula, NALSAR University of Law-HYDERABAD

WAR LOANS:-

1, With the increased economic activity of the Middle Ages, there was a growing need for money exchange and the conversion of coins. Money changers were soon holding and transferring large sums of money and extending loans to merchants. As the demand increased, so did the number of services.

2, Common financial activities came to include granting loans, investing, as well as most of the deposit, credit and transfer functions of a modern bank.

3,The greatest danger to medieval banking was in granting loans to European monarchs to finance wars. The use of mercenary armies and field artillery increased the costs of mounting military operations. To finance these activities, rulers were often willing to repay loans at extremely high rates of interest sometimes as high as 45 to 60 percent.

4, Some times they were simply refused to repay and the Bardi and Peruzzi banks were suffered greatly when England's monarchs refused to pay for loans acquired to finance the Hundred Years' War loans.

Page 14: Jayakar Bathula, NALSAR University of Law-HYDERABAD

GROUPS:-

1, By 1325, for example, the Peruzzi bank owned all of the Revenues of the Kingdom of Naples(the southern half of Italy, the most productive grain belt of the entire Mediterranean area); they recruited and ran King Robert of Naples’ army, collected his duties and taxes, appointed the officials of his government, and above all, sold all the grain from his kingdom.

2, By the dawn of the thirteenth and fourteenth centuries, bankers were grouped into three distinct categories: the pawnbrokers, the moneychangers, and the merchant bankers.

3, The Leccacorvo bank did most of its business with established merchants, bankers, and government officials, including the communes of Genoa and Piacenza, the king of France and the Pope.

Page 15: Jayakar Bathula, NALSAR University of Law-HYDERABAD

HISTORY OF BANKING IN INDIA:-

Page 16: Jayakar Bathula, NALSAR University of Law-HYDERABAD

VEDIC PERIOD:-

1,In ancient India there is evidence of loans from the Vedic period beginning 1750 BC. Later during the Maurya dynasty (321 to 185 BC), an instrument called Adesha was in use, which was an order on a banker desiring him to pay the money of the note to a third person, which corresponds to the definition of a bill of exchange as we understand it today.

2, Chanukyah’s Arthashastra (About 300 B.C) is full of facts to show that there were powerful guilds of merchant bankers in existence who received deposits, advanced loans and carried on the other banking functions.

3,Buddhist period, there was considerable use of these instruments. Merchants in large towns gave letters of credit to one another.

Page 17: Jayakar Bathula, NALSAR University of Law-HYDERABAD

MEDEIVAL INDIA:-

1,Banking in India in the modern sense originated in the last decades of the 18th century. The first banks were Bank of Hindustan (1770-1829) and The General Bank of India, established 1786.

2, The East India Company was established The General Bank of India in 1786. The others which followed were the Bank of Hindustan and the Bengal Bank. In the first half of the 19th century the East India Company established three banks; the Bank of Bengal in 1809, the Bank of Bombay in 1840 and the Bank of Madras in 1843.

3, These three banks were amalgamated in 1920 and a new bank, the Imperial Bank of India was established on 27th January 1921.

Page 18: Jayakar Bathula, NALSAR University of Law-HYDERABAD

NATIONALIZATION OF BANKS:-

1,The Banking Regulation Act was passed as the Banking Companies Act 1949 and came into force wef 16.3.49. Subsequently it was changed to Banking Regulations Act 1949 wef 01.03.66.

2, The Government of India issued an ordinance ('Banking Companies (Acquisition and Transfer of Undertakings) Ordinance, 1969') and nationalized the 14 largest commercial banks with effect from the midnight of 19 July 1969. The Parliament passed the Banking Companies bill and it received the presidential approval on 9 August 1969.

3, A second dose of nationalization of 6 more commercial banks followed in 1980. The stated reason for the nationalization was to give the government more control of credit delivery. With the second dose of nationalization, the Government of India controlled around 91% of the banking business of India. Later on, in the year 1993, the government merged New Bank of India with Punjab National Bank.

Page 19: Jayakar Bathula, NALSAR University of Law-HYDERABAD

LIBARALIZATION OF BANKS:-

1,In the early 1990s, the government embarked on a policy of liberalization, licensing a small number of private banks. These came to be known as New Generation tech-savvy banks, and included Global Trust Bank (the first of such new generation banks to be set up), which later amalgamated with Oriental Bank of Commerce, UTI Bank (since renamed Axis Bank), ICICI Bank and HDFC Bank.

2, The revitalization of the banking sector in India, which has seen rapid growth with strong contribution from all the three sectors of banks, namely, government banks, private banks and foreign banks. the Indian banking has been set up with the proposed relaxation in the norms for Foreign Direct Investment, where all Foreign Investors in banks may be given voting rights which could exceed the present cap of 10%, at present it has gone up to 74% with some restrictions.

Page 20: Jayakar Bathula, NALSAR University of Law-HYDERABAD

III- BANKING REGULATIONS IN MODERN TIMES:-

1,The IT revolution had a great impact in the Indian banking system has increased many folds after the economic liberalization of 1991 as the country's banking sector has been exposed to the world's market.

2, In 1988 the Committee on Mechanization in the Banking Industry was Dr. C Rangarajan, Deputy Governor, RBI- recommendations of this committee were introducing MICR technology (Magnetic ink Character recognition Technology) in all the banks in the metropolis in India. Bhubaneswar, Guwahati, Jaipur, Patna and Thiruvananthapuram. It further stated in Kolkata, Mumbai, Delhi, Chennai.

3,In 1994 Electronic Funds Transfer (EFT) system was introduced in Banking Industry. Electronic Payments system in 1995. Number of ATMs of different Scheduled Commercial Banks of India as on end March 2005. 

Page 21: Jayakar Bathula, NALSAR University of Law-HYDERABAD

INDIA:-

1,Banking regulation originates from microeconomic concerns over the ability of bank creditors (depositors) to monitor the risks originating on the lending side and from micro and macroeconomic concerns over the stability of the banking system in the case of a bank crisis. In addition to statutory and administrative regulatory provisions, the banking sector has been subject to widespread “informal” regulation, i.e., the government’s use of its discretion, outside formalized legislation, to influence banking sector outcomes.

2, In recent years regulation in banking has become less pervasive and has shifted from structural regulation to other more market oriented forms of regulation. As a consequence competition has come to play a very important role in the allocation of credit and in the improvement of financial services.

Page 22: Jayakar Bathula, NALSAR University of Law-HYDERABAD

JAPAN AND U.K, FSMA-2000:-

1, Regulatory authority over the banking, securities and insurance industries is combined into one single financial-service agency, Corporate governance regulation in the financial sector traditionally has been regarded as a specialty area with standards and rules fashioned to achieve the overriding objectives of financial regulation safety and soundness of the financial system, and consumer and investor protection. In the case of banking regulation, the traditional principal agent model used to analyze the relationship between shareholders, directors.

2, These additional regulatory responsibilities for management have led some experts to observe that banking regulation is a substitute for corporate governance. Increasingly, regulators are devising frameworks that require financial firms to adopt internal, self-monitoring systems and processes to comply with statutory and regulatory standards. (UK Financial Services and Markets Act of 2000 (FSMA).

Page 23: Jayakar Bathula, NALSAR University of Law-HYDERABAD

U.S.A-IBRA-1977:-

1, In the U.S, banking is regulated at both the federal and state level. Depending on the type of charter of banking organization has and on its organizational structure, it may be subject to numerous federal and state banking regulations. And maintains separate securities, commodities, and insurance regulatory agencies separate from the bank regulatory agencies at the federal and state level.

2,The Federal Deposit Insurance Corporation, The Federal Reserve Board, or The Office of the Comptroller of the Currency, Within the Federal Reserve Board, In 1978 foreign banks operating in the United States were required to hold the same level of reserves under the specifications of the International Banking Regulation Act-1977.

Page 24: Jayakar Bathula, NALSAR University of Law-HYDERABAD

EUROPE (EBA)-2011:-

1,The EBA was established on 1 January 2011, upon which date it inherited all of the tasks and responsibilities of the Committee of European Banking Supervisors (CEBS). The EBA is able to prevent regulatory arbitrage and should allow banks to complete fairly throughout the EU.

2, The European Banking Authority (EBA) published its final draft Regulatory Technical Standards (RTS) and final draft Implementing Technical Standards (ITS) on own funds, as well as its final draft RTS on credit risk adjustment (CRA). These final draft RTS and ITS will be enhancing regulatory harmonization in the banking sector in Europe and namely at strengthening the quality of capital.-(EBA-Press Rease-26/07/2013).

Page 25: Jayakar Bathula, NALSAR University of Law-HYDERABAD

AFRICAN CONTINENT:-

1,UBA is a large financial services provider in Nigeria with subsidiaries in 20 sub-Saharan countries, with representative offices in France, the United Kingdom and the United States. Formed by the merger of the commercially focused UBA and the retail focused Standard Trust Bank in 2005. Listed on the Nigerian Stock Exchange in 1970, UBA claims to be rapidly evolving into a pan-African full service financial institution. The Group adopted the holding company model in July 2011.As of December 2011.

2, Bank regulation in Africa is at a crossroads. The transition from Basel I to Basel II was relatively smooth, although there were many a 'doubts on the feasibility of Basel II banking regulatory codes. With the global financial crisis and the collapse of Basel II, the new financial regulatory architecture is anchored on Basel III. Bank regulators in Africa, and commercial bankers in the continent, are worried about many features of Basel III but their voices seem to be in the wilderness. Old hopes dashed, but some new hopes have emerged, alongside new challenges.

Page 26: Jayakar Bathula, NALSAR University of Law-HYDERABAD

IV-NATURE OF INTERNATIONAL BANKING:-

1, The changing nature of banking, risk and capital regulation in the new millennium on the horizon, it seems a particularly fitting time to discuss some of the key trends that are affecting the way both bankers and supervisors.

2, we will see major strides in the area of banking we call “e-finance”. More banks will venture into the relatively new world of on-line PC banking or will expand electronic bill presentment and paying services. it’s always been this way to an extent. That’s why we see a major push towards precious metals and ‘hard’ assets amid the ridiculous nature of the banking industry that is funded with around 83 billion in taxpayer finances each year.

Page 27: Jayakar Bathula, NALSAR University of Law-HYDERABAD

V-CONFLICTS BETWEEN BANKING REGULATIONS AND TRADE LIBARALIZATION:-

1, the ad hoc nature of WTO dispute resolution is not well-equipped to balance the competing interests between trade liberalization and regulation of financial markets. The paper therefore argues that the WTO Council for Trade in Services and Committee on Trade in Financial Services should facilitate negotiations to address these issues with a view to deciding parameters for defining and/or recognizing standards of prudential regulation and the extent to which they can limit, or be limited by, GATS obligations and commitments.

2, International Trade Organization’, designed to provide an international code to govern trade relations that would be subject to binding dispute resolution with ultimate appeal to the International Court of Justice.

Page 28: Jayakar Bathula, NALSAR University of Law-HYDERABAD

CONFLICTS:-

3, An important corollary was that world economic recovery was to be achieved through increasing trade liberalization combined with stable exchange rates based on a par value system directly linked to the US dollar and gold. Indeed, it was recognized that trade liberalization and financial stability were the linchpins of a successful international economic system.

4, Doha Development Agenda should address some of these issues as they relate to the regulation of cross-border trade in financial services. The role of the WTO in this area raises important issues regarding the institutional design of financial regulation and related issues of global financial governance. 

5, The GATS does not attempt to regulate the content and scope of domestic regulation, but rather merely seeks to ensure that a WTO member’s domestic regulation does not pose unnecessary barriers to cross-border trade in services.  

Page 29: Jayakar Bathula, NALSAR University of Law-HYDERABAD

RECENT GROUWTH IN INT.BANKING:-

2, The size of foreign exposures differs substantially across banking systems. UK and German banks’ foreign claims are the largest, both standing at $4.1 trillion, followed by French banks ($3.2 trillion), Swiss, Dutch and Japanese banks (over $2 trillion each) and US banks ($1.7 trillion). Scaling these foreign exposures by banks’ total assets (i.e. including domestic assets) yields a more comparable measure for gauging the importance of international business across different national banking systems.

3, The acceleration and deceleration of growth around 1987 for the most part reflected changing lending patterns of US and European banks. Growth peaked several times during the 1990s and after, roughly corresponding to the Mexican peso crisis and the bond market sell-off in 1994, the Asian financial crisis in 1997 and the bursting of the dotcom bubble in 2000 followed by recession in the United States..