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[Draft] Banking Standards Act

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Bergnovinaia
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Founded: Jul 26, 2009
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[Draft] Banking Standards Act

Postby Bergnovinaia » Thu Sep 10, 2009 7:45 pm

Here's a rough draft of what I'm aiming for. Tell me what you think.

[Draft] Banking Standards Act

General Assembly
Category: -Free Trade
A resolution to reduce barriers to free trade and commerce.
Resolution Name:
Description:
Strength: significant

Description: The WA,

DEFINES banks as:
1) An organization, usually a corporation, chartered by a federal government, which does most or all of the following: receives demand deposits and time deposits, honors instruments drawn on them, and pays interest on them; discounts notes, makes loans, and invests in securities; collects checks, drafts, and notes; certifies depositor's checks; and issues drafts and cashier's checks.
2) And/or an institution (public or private) that collects funds (from the public or other institutions) and invests them in financial assets (such as stocks).

RECOGNIZING that many banking institutions in many nations do not fully adhere to definition 1;

APPALED that some banking institutions may even commit acts of fraud against their patrons;

REALIZING that a set of international banking guidelines would better the financial community as a whole;

Mandates the following articles:

I. Banking Fraud Regulations
1. Defines fraud as a deliberate action by an individual or group to cheat a person or group of people, causing damage. Typically, such an action has a misrepresentation to deceive, or purposeful withholding of information that would help an individual make the correct decision.
2. Actions committed by the bank
a)For any fraudulent action committed by a banking institution, it is the responsibility of the established government is said nation to enforce punishment on the bank. Based on the severity of the fraud, punishment may range from a fine to shutting the bank down.
b)However, in the case of a bank knowingly investing a patron’s funds into a corrupt hedge fund or bad stock, if the sum of the patrons’ initial funds exceed 1% of the banks entire funds the punishment is immediate termination of the bank.
c)Any person affected by the fraudulent action may also file a civil suit in said country if they feel more action is necessary.
3. Actions committed by the patrons
a) For any fraudulent action committed by a patron against a bank, it is the responsibility of the bank to report them to the established government in said member nation. Based on the severity of the fraud, punishment may range from fining said patron to arresting them and taking them to trial.

II. Mortgages and Loans
1.Qualifications for a loan
a)Banks may set their own qualifications for loaning funds to citizens. However, if the banks loans are defaulted upon in mass, it is not the responsibility of the government to forgive the loans.
2.Banks rights (concerning loans)
a)Banks may reserve the right to refuse to loan funds to any patron for a poor credit score, bad assets, not enough job history, etc.
b)Banks, when they loan, may draft a legally binding contract upon which the loaner and the person receiving the loan agree to and sign. If a bank does not have such a contract written up, proving a patron defaulted on a loan will become a strenuous task.
c)If a patron is in violation of the written contract concerning their loan, it is at the discretion of the bank to take legal action against the patron.
3.Policies to follow when foreclosing
a)Banks are to notify the patron 30 days prior to foreclosing.
b)Banks are to send a secondary notice if 15 days elapse and no payment is received.
c)If payment is received within the 30 day period or another agreement is reached all action of foreclosure against the patron must cease.
d)If a bank does foreclose on a patron’s property, they may do with it as they deem fit.
e)If a bank fails to submit notice of foreclosure 30 days and 15 days prior to foreclosure, the foreclosure is null and void.
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Qumkent
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Postby Qumkent » Thu Sep 10, 2009 7:56 pm

Every part of this statute is completely absurd, we cannot hope to be confident that the authors of this mess will have the requisite foresight and perspicacity to compass the work they have presumed to undertake, we strongly urge them to desist and seek less complicated and controversial issues to takle.


Yours,
Mongkha, Khan of Kashgar, Ambassador to the World Assembly for the Autonomous Principality of Qumkent, a constituent state of the Confederated Sublime Khanate of Urgench

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Bergnovinaia
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Postby Bergnovinaia » Thu Sep 10, 2009 7:57 pm

Qumkent wrote:Every part of this statute is completely absurd, we cannot hope to be confident that the authors of this mess will have the requisite foresight and perspicacity to compass the work they have presumed to undertake, we strongly urge them to desist and seek less complicated and controversial issues to takle.


Yours,


What is so contreversial about it? This mainly prevents fraud and sets good standards for banks to abide by.
I am pursuing my undergraduate degree from Texas A&M University in Psychology and Spanish. My goal in life is to be a marriage and family counselor. If you have questions about me or my life, just ask!

My girlfriend and I blog about Christian & general marriage, relationship, and dating advice!

NS member since 2009. WA Resolution Author (mostly all repealed), NS sports fanatic.

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Qumkent
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Postby Qumkent » Thu Sep 10, 2009 8:10 pm

Bergnovinaia wrote:
Qumkent wrote:Every part of this statute is completely absurd, we cannot hope to be confident that the authors of this mess will have the requisite foresight and perspicacity to compass the work they have presumed to undertake, we strongly urge them to desist and seek less complicated and controversial issues to takle.


Yours,


What is so contreversial about it? This mainly prevents fraud and sets good standards for banks to abide by.



Your Excellency seriously believes that a statute which directly interferes with member states banking regulations is not controversial ? The structures of thousands of nation's economies are at stake, and we are concerned that your Excellency does not fully comprehend the full import of the matter at hand which further decreases our confidence that your Excellency is prepared to deal properly with it.


Yours,
Last edited by Qumkent on Thu Sep 10, 2009 8:11 pm, edited 1 time in total.
Mongkha, Khan of Kashgar, Ambassador to the World Assembly for the Autonomous Principality of Qumkent, a constituent state of the Confederated Sublime Khanate of Urgench

Learn more about the CSKU here - http://www.nswiki.net/index.php?title=Urgench

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Bergnovinaia
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Founded: Jul 26, 2009
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Postby Bergnovinaia » Thu Sep 10, 2009 8:16 pm

Qumkent wrote:
Bergnovinaia wrote:
Qumkent wrote:Every part of this statute is completely absurd, we cannot hope to be confident that the authors of this mess will have the requisite foresight and perspicacity to compass the work they have presumed to undertake, we strongly urge them to desist and seek less complicated and controversial issues to takle.


Yours,


What is so contreversial about it? This mainly prevents fraud and sets good standards for banks to abide by.



Your Excellency seriously believes that a statute which directly interferes with member states banking regulations is not controversial ? The structures of thousands of nation's economies are at stake, and we are concerned that your Excellency does not fully comprehend the full import of the matter at hand which further decreases our confidence that your Excellency is prepared to deal properly with it.

That's true. However, I alwyas want more opinions but your's is valued.


Yours,
I am pursuing my undergraduate degree from Texas A&M University in Psychology and Spanish. My goal in life is to be a marriage and family counselor. If you have questions about me or my life, just ask!

My girlfriend and I blog about Christian & general marriage, relationship, and dating advice!

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Bears Armed
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Postby Bears Armed » Fri Sep 11, 2009 2:54 am

Imposing more regulations on an industry, as this draft would, is not 'Free Trade'.
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Bergnovinaia
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Postby Bergnovinaia » Fri Sep 11, 2009 6:58 am

Bears Armed wrote:Imposing more regulations on an industry, as this draft would, is not 'Free Trade'.


So which category would it be then?
I am pursuing my undergraduate degree from Texas A&M University in Psychology and Spanish. My goal in life is to be a marriage and family counselor. If you have questions about me or my life, just ask!

My girlfriend and I blog about Christian & general marriage, relationship, and dating advice!

NS member since 2009. WA Resolution Author (mostly all repealed), NS sports fanatic.

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Charlotte Ryberg
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Postby Charlotte Ryberg » Fri Sep 11, 2009 8:10 am

I have attempted at a similar one but then the feedback slowed down as I suggested improvements...

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Firstaria
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Postby Firstaria » Fri Sep 11, 2009 8:23 am

3.Policies to follow when foreclosing
a)Banks are to notify the patron 30 days prior to foreclosing.
b)Banks are to send a secondary notice if 15 days elapse and no payment is received.
c)If payment is received within the 30 day period or another agreement is reached all action of foreclosure against the patron must cease.
d)If a bank does foreclose on a patron’s property, they may do with it as they deem fit.
e)If a bank fails to submit notice of foreclosure 30 days and 15 days prior to foreclosure, the foreclosure is null and void.


Also, if i remeber well, you cannot add things like "xx days" in a resolution. Oh, and i think all those restiction are completely absurd.
OVERLORD Daniel Mercury of Firstaria
Original Author of SC #5 and SC #30

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Tanara
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Founded: Dec 13, 2004
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Postby Tanara » Fri Sep 11, 2009 2:20 pm

This is a proposal that so thoroughly tomples on National Sovereignty and the right of a nation to manage it's own economic systems, I must speak up against it. What of a nation does not have banking system at all similart to the one covered in this proposal? Must they creat one to so as to be incomplaiance? What about member naitions that have no banking system at all, or a purely barter or collective system, or the government IS the banking system?

Sincerely,

Lord Celedon
Minister of State
The Phoenix Empire
Tanara
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Krioval
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Postby Krioval » Fri Sep 11, 2009 2:54 pm

OOC: Slow down on the proposals a bit. Relax. Take some time to soak up the WA forum culture. Read, interact, comment on other people's proposals, and so on. You've already got one on the queue. Don't try to do everything in a month. That's the path to burnout.

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WallachIX
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Founded: Aug 31, 2009
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Postby WallachIX » Sat Sep 12, 2009 3:21 pm

i like the idea of this bill [especially given its pertinence to contemporary real life].

i think it would be better if it targeted the regulation of banks to prevent loss of money rather than dealing with fraud, how to reconcile when it is lost, and what sort of legal action may be taken in such an event.

as in, recognising the important role banking institutions play in the world economy and society's welfare, we should have regulations set up to prevent sub-prime loaning [en masse]; encourage members to adopt a more responsible system. e.g. how about adoption of laws that require banks to insure 80% of the money deposited in them?
Reverend Mother Superior Sihaya of WallachIX

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Bergnovinaia
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Postby Bergnovinaia » Sat Sep 12, 2009 3:22 pm

WallachIX wrote:i like the idea of this bill [especially given its pertinence to contemporary real life].

i think it would be better if it targeted the regulation of banks to prevent loss of money rather than dealing with fraud, how to reconcile when it is lost, and what sort of legal action may be taken in such an event.

as in, recognising the important role banking institutions play in the world economy and society's welfare, we should have regulations set up to prevent sub-prime loaning [en masse]; encourage members to adopt a more responsible system. e.g. how about adoption of laws that require banks to insure 80% of the money deposited in them?


That's true. However, I won't be working on this proposal for a while seeing I have another in queue.
I am pursuing my undergraduate degree from Texas A&M University in Psychology and Spanish. My goal in life is to be a marriage and family counselor. If you have questions about me or my life, just ask!

My girlfriend and I blog about Christian & general marriage, relationship, and dating advice!

NS member since 2009. WA Resolution Author (mostly all repealed), NS sports fanatic.

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Surote
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Founded: May 19, 2009
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Postby Surote » Sat Sep 12, 2009 3:29 pm

The United Surote Emirates back your proposal because banks need to have rules so they won't be tricking people for profit only and to keep the WA members in order.

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Altani WA Mission
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Founded: Jun 08, 2009
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Postby Altani WA Mission » Mon Sep 14, 2009 12:46 pm

We can regulate our financial sector just fine. We'd prefer that you let us do so, thanks.

Opposed.

-Irina Misheli, Ambassador
The WA Mission of the Altani Federation
Honor above all else!

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Bergnovinaia
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Postby Bergnovinaia » Sun Oct 04, 2009 10:04 am

I'm ready for more input if anyone has some.
I am pursuing my undergraduate degree from Texas A&M University in Psychology and Spanish. My goal in life is to be a marriage and family counselor. If you have questions about me or my life, just ask!

My girlfriend and I blog about Christian & general marriage, relationship, and dating advice!

NS member since 2009. WA Resolution Author (mostly all repealed), NS sports fanatic.

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Charlotte Ryberg
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Postby Charlotte Ryberg » Sun Oct 04, 2009 10:11 am

There is quite a lot of micromanagement especially in the Mortgages and Loans section, honoured ambassador. In my draft, the simple principle was to urge financial institutions to issue credit and loans responsibly, and that complaints and assistance by members must be honoured in a just, timely and non-discriminatory manner. Finally, not all customers are forgetful.

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Bergnovinaia
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Postby Bergnovinaia » Sun Oct 04, 2009 10:16 am

So in that case, my draft is essentially the same as yours except in article 1 where I adress fraud and make regualtions to attempt to prevent it.
I am pursuing my undergraduate degree from Texas A&M University in Psychology and Spanish. My goal in life is to be a marriage and family counselor. If you have questions about me or my life, just ask!

My girlfriend and I blog about Christian & general marriage, relationship, and dating advice!

NS member since 2009. WA Resolution Author (mostly all repealed), NS sports fanatic.

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Grays Harbor
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Postby Grays Harbor » Sun Oct 04, 2009 7:00 pm

Were this a proposal to regulate interactions between banks on an international scale, we might be able to support this. There does indeed need to be a set of standard international regulations and guidelines set for those transactions. However, it is our belief that for purely domestic banking affairs, it is best for each nations government to decide what is best for their country and people.
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Stormcliffe
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Postby Stormcliffe » Sun Oct 04, 2009 7:05 pm

Grays Harbor wrote:Were this a proposal to regulate interactions between banks on an international scale, we might be able to support this. There does indeed need to be a set of standard international regulations and guidelines set for those transactions. However, it is our belief that for purely domestic banking affairs, it is best for each nations government to decide what is best for their country and people.

Dr. John, you're right in saying that we it is best for each nations [sic] government to decide what is best, but truly you do not take this far enough.
I know that you and I agree in a great many things. It's hard for us to exist among such mongering Statists, but such is life, is it not?

Dwell on this, if you would do me the honour.

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Bergnovinaia
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Postby Bergnovinaia » Wed Oct 07, 2009 3:59 pm

bump
I am pursuing my undergraduate degree from Texas A&M University in Psychology and Spanish. My goal in life is to be a marriage and family counselor. If you have questions about me or my life, just ask!

My girlfriend and I blog about Christian & general marriage, relationship, and dating advice!

NS member since 2009. WA Resolution Author (mostly all repealed), NS sports fanatic.

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Seculartopia
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Postby Seculartopia » Fri Oct 09, 2009 8:07 pm

A major problem i see with this is maintaining this throughout the NS realm of corporate bordellos to communist police states.
Last edited by Seculartopia on Fri Oct 09, 2009 8:07 pm, edited 1 time in total.
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Bergnovinaia
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Postby Bergnovinaia » Mon Oct 12, 2009 9:29 am

Seculartopia wrote:A major problem i see with this is maintaining this throughout the NS realm of corporate bordellos to communist police states.


I think you may be onto something but can you elaborate further?
I am pursuing my undergraduate degree from Texas A&M University in Psychology and Spanish. My goal in life is to be a marriage and family counselor. If you have questions about me or my life, just ask!

My girlfriend and I blog about Christian & general marriage, relationship, and dating advice!

NS member since 2009. WA Resolution Author (mostly all repealed), NS sports fanatic.


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