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International Banking Charter

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Toraston
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Founded: Aug 06, 2010
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International Banking Charter

Postby Toraston » Sun Aug 15, 2010 1:56 pm

INTERNATIONAL BANKING CHARTER
PART I - PREAMBLE AND DEFINITION
The World Assembly;
Aware of the varying statuses and states of Banks throughout the World;
Wishing to bring uniformity to the organization of Banks;
Wishing to set down certain guidelines to which all banks should adhere;
Hereby introduces the International Banking Charter.
This Resolution, for the sake of simplicity, defines a "Bank" as a financial institution within a Nation.

PART II - THE CHARTER
All Banks which operate throughout the Countries of the World Assembly may only operate as Banks if they are registered with the National financial services Authority or similar.
National Banks must be subjected to Solvency checks by either National Governments or Financial regulators at least once every three years. These tests shall be devised by the International Banking Union, a Regulator with the express aim of overseeing the Regulation of Banks and the upholding of this Charter.
This Charter will invest in relevant authorities the powers of nationalizing a Bank should the Bank fail any solvency test.

Part III - the International Banking Union and its rights, responsibilities and Powers
The International Banking Union, being a Regulatory body for the Banking industry, will have the Powers of Regulation and issuing of Solvency Test Guidelines to Relevant National Authorities. It shall have the power to decide on international banking policy in the time of crises if necessary.


OOC: This is my first proposal, however, I am debarred from actual submission, so Charlotte Ryberg will help on that front and other fronts.
Last edited by Toraston on Mon Aug 16, 2010 4:28 am, edited 3 times in total.
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Goroslavia
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Founded: Feb 18, 2010
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Postby Goroslavia » Sun Aug 15, 2010 1:57 pm

thats stupid regulation of banks and registration of all banks would be impossible or at least very time consuming
Last edited by Goroslavia on Sun Aug 15, 2010 2:02 pm, edited 1 time in total.
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Sanctaria
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Founded: Sep 12, 2008
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Postby Sanctaria » Sun Aug 15, 2010 2:01 pm

Goroslavia wrote:thats stupid


Blunt, and to the point. Who ever said democracy and diplomacy was a hard game obviously never met this fellow.
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Goroslavia
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Postby Goroslavia » Sun Aug 15, 2010 2:02 pm

Sanctaria wrote:
Goroslavia wrote:thats stupid


Blunt, and to the point. Who ever said democracy and diplomacy was a hard game obviously never met this fellow.

my computer only posted the first 2 words i edited
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Goroslavia stands on the brink of the largest conflict ever known to man. We shall not back down rather we shall meet this great war with sword in hand. And if Goroslavia does perish she only ask that it be known of her loyalty.

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Sanctaria
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Founded: Sep 12, 2008
New York Times Democracy

Postby Sanctaria » Sun Aug 15, 2010 2:04 pm

Goroslavia wrote:
Sanctaria wrote:
Goroslavia wrote:thats stupid


Blunt, and to the point. Who ever said democracy and diplomacy was a hard game obviously never met this fellow.

my computer only posted the first 2 words i edited


Alas. I felt the first two words would have summed up the opinion of the majority of the World Assembly. Your re-edited version was also quite valid, I find.
Divine Federation of Sanctaria

Ideological Bulwark #258

Dr. Bethany Greer ORD, Sanctarian Ambassador to the World Assembly
Author of:
GA#109 GA#133 GA#176 GA#201 GA#222 GA#297
GA#590 (Co)
Frisbeeteria wrote:Do people not realize that moderators can tell when someone is wanking?

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Goroslavia
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Founded: Feb 18, 2010
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Postby Goroslavia » Sun Aug 15, 2010 2:07 pm

Sanctaria wrote:
Goroslavia wrote:
Sanctaria wrote:
Goroslavia wrote:thats stupid


Blunt, and to the point. Who ever said democracy and diplomacy was a hard game obviously never met this fellow.

my computer only posted the first 2 words i edited


Alas. I felt the first two words would have summed up the opinion of the majority of the World Assembly. Your re-edited version was also quite valid, I find.

i actually just resigned from the WA as its pointless
Member and lover of Judea
Proud member of SNOM
Fact book http://forum.nationstates.net/viewtopic.php?f=23&t=66476
"May the plague and her angels fall upon us we are ready!"
Goroslavia stands on the brink of the largest conflict ever known to man. We shall not back down rather we shall meet this great war with sword in hand. And if Goroslavia does perish she only ask that it be known of her loyalty.

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Krioval
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Founded: Jan 24, 2005
Ex-Nation

Postby Krioval » Sun Aug 15, 2010 2:08 pm

Toraston wrote:This Resolution, for the sake of simplicity, defines a "Bank" as a financial institution within a Nation.


That does not clarify things. Plenty of agencies could be construed as "financial institution[s]" based on their dealing with money.

All Banks which operate throughout the World may only operate as Banks if they are registered with the National financial services Authority or similar.


What does this mean? Please elaborate. Krioval does not want regulation for the purpose of regulation, or committees for the sake of committees.

National Banks must be subjected to Solvency checks by either National Governments or Financial regulators at least once every three years. These tests shall be devised by the International Banking Union, a Regulator with the express aim of overseeing the Regulation of Banks and the upholding of this Charter.


This is beyond the scope of what Krioval feels is the mandate of the World Assembly. We should not be compelled to report any information on our banking institutions to a WA committee, especially one that is prone to one-size-fits-all regulations.

This Charter will invest in relevant authorities the powers of nationalizing a Bank should the Bank fail any solvency test.


Nations already can do this if they want or need to. We do not need special dispensation from the WA to conduct our national business.

The International Banking Union, being a Regulatory body for the Banking industry, will have the Powers of Regulation and issuing of Solvency Test Guidelines to Relevant National Authorities.


Unless you are interested in developing as many protocols as there are nations, this is doomed to failure.

All Willing National Governments shall, by application, become Members of the International Banking Union.


This clause is illegal due to optionality. WA resolutions are automatically binding on all WA states.

Henrik Søgård
Imperial Chiefdom of Krioval

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Holy Roman Confederate
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Founded: Aug 01, 2010
Ex-Nation

Postby Holy Roman Confederate » Sun Aug 15, 2010 2:10 pm

resigned? well, that was painless. brining quick and easy to the masses. very nice.
http://forum.nationstates.net/viewtopic.php?f=6&t=78531
http://forum.nationstates.net/viewtopic.php?f=6&t=79073&p=3753933#p3753933

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Sanctaria
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Founded: Sep 12, 2008
New York Times Democracy

Postby Sanctaria » Sun Aug 15, 2010 2:10 pm

Goroslavia wrote:
Sanctaria wrote:
Goroslavia wrote:
Sanctaria wrote:
Goroslavia wrote:thats stupid


Blunt, and to the point. Who ever said democracy and diplomacy was a hard game obviously never met this fellow.

my computer only posted the first 2 words i edited


Alas. I felt the first two words would have summed up the opinion of the majority of the World Assembly. Your re-edited version was also quite valid, I find.

i actually just resigned from the WA as its pointless


That's slightly extreme. I know the proposal is bad, but I won't be resigning from the WA just because of it.

My own two cents on the matter is that while the spirit is admirable, this Ambassador just couldn't support such a micromanaging yet very broad act.

Yours.,
Divine Federation of Sanctaria

Ideological Bulwark #258

Dr. Bethany Greer ORD, Sanctarian Ambassador to the World Assembly
Author of:
GA#109 GA#133 GA#176 GA#201 GA#222 GA#297
GA#590 (Co)
Frisbeeteria wrote:Do people not realize that moderators can tell when someone is wanking?

Luna Amore wrote:Sanc is always watching. Ever vigilant.

Auralia wrote:Your condescending attitude is remarkably annoying.

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Goroslavia
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Founded: Feb 18, 2010
Ex-Nation

Postby Goroslavia » Sun Aug 15, 2010 2:12 pm

Sanctaria wrote:
Goroslavia wrote:
Sanctaria wrote:
Goroslavia wrote:
Sanctaria wrote:
Goroslavia wrote:thats stupid


Blunt, and to the point. Who ever said democracy and diplomacy was a hard game obviously never met this fellow.

my computer only posted the first 2 words i edited


Alas. I felt the first two words would have summed up the opinion of the majority of the World Assembly. Your re-edited version was also quite valid, I find.

i actually just resigned from the WA as its pointless


That's slightly extreme. I know the proposal is bad, but I won't be resigning from the WA just because of it.

My own two cents on the matter is that while the spirit is admirable, this Ambassador just couldn't support such a micromanaging yet very broad act.

Yours.,


Not over this proposal i find it stupid how WA resolutions are mandatory and often rather stupid
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"May the plague and her angels fall upon us we are ready!"
Goroslavia stands on the brink of the largest conflict ever known to man. We shall not back down rather we shall meet this great war with sword in hand. And if Goroslavia does perish she only ask that it be known of her loyalty.

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Krioval
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Founded: Jan 24, 2005
Ex-Nation

Postby Krioval » Sun Aug 15, 2010 2:17 pm

Goroslavia wrote:Not over this proposal i find it stupid how WA resolutions are mandatory and often rather stupid


Some are, and some aren't. Even if your nation will not participate directly in the WA, you are certainly welcome to observe and comment on proposals as you wish.

Henrik Søgård
Imperial Chiefdom of Krioval

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Freeoplis
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Founded: Dec 18, 2009
Scandinavian Liberal Paradise

Postby Freeoplis » Sun Aug 15, 2010 2:22 pm

Toraston wrote:All Banks which operate throughout the World may only operate as Banks if they are registered with the National financial services Authority or similar.

Toraston wrote:National Banks must be subjected to Solvency checks by either National Governments or Financial regulators at least once every three years.

Toraston wrote:This Charter will invest in relevant authorities the powers of nationalizing a Bank should the Bank fail any solvency test.

The above clauses we note are the essence of the proposal, all banks must be registered, have a solvency check carried out and if they fail such a check they are to be nationalized. In light of this we don't see such legislation as doing much or anything that National governments can 't do at a domestic level. If a bank goes under the decision must be made whether to bail it out or let it go under, nothing much will change under this proposal.
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Charlotte Ryberg
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Postby Charlotte Ryberg » Mon Aug 16, 2010 3:25 am

Freeoplis wrote:The above clauses we note are the essence of the proposal, all banks must be registered, have a solvency check carried out and if they fail such a check they are to be nationalized. In light of this we don't see such legislation as doing much or anything that National governments can 't do at a domestic level. If a bank goes under the decision must be made whether to bail it out or let it go under, nothing much will change under this proposal.

Complete with the optionality of membership in the organization this draft seems to do too little to be considered useful. What about the pyramid schemes? I think that would be more a important thing to be banned.

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Toraston
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Founded: Aug 06, 2010
Ex-Nation

Postby Toraston » Mon Aug 16, 2010 3:52 am

Charlotte Ryberg wrote:
Freeoplis wrote:The above clauses we note are the essence of the proposal, all banks must be registered, have a solvency check carried out and if they fail such a check they are to be nationalized. In light of this we don't see such legislation as doing much or anything that National governments can 't do at a domestic level. If a bank goes under the decision must be made whether to bail it out or let it go under, nothing much will change under this proposal.

Complete with the optionality of membership in the organization this draft seems to do too little to be considered useful. What about the pyramid schemes? I think that would be more a important thing to be banned.


In that case, what clauses should be added?
Tired of endless wars? Want to resolve things the Matlock-way? Request the IBL to set up a court case right away, to solve your problems, by some day, or some year.
Success not guaranteed.

It is necessary to expose the false propaganda of the imperialists and thoroughly dispel the illusion that the imperialists will give up their positions in the colonies and dependent countries with good will. It is wrong to try to avoid the struggle against imperialism under the pretext that independence and revolution are important, but that peace is still more precious. The oppressed peoples can liberate themselves only through struggle. This is a simple and clear truth confirmed by history.
~ Kim Il-Sung - Communism all the way!

I know what protectionism is
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Bears Armed
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Postby Bears Armed » Mon Aug 16, 2010 4:13 am

The members of Bears Armed Mission share the doubts that various of our foreign colleagues here have already raised about the desirability of this proposal, and about its current wording.
Additionally:


Toraston wrote:The Peoples of the World Assembled;

This should be "The World Assembly;".

All Banks which operate throughout the World

Illegal, seeks to affect non-WA nations.

Part III - the International Banking Union and its rights, responsibilities and Powers
The International Banking Union, being a Regulatory body for the Banking industry, will have the Powers of Regulation and issuing of Solvency Test Guidelines to Relevant National Authorities.
All Willing National Governments shall, by application, become Members of the International Banking Union.

Apparently illegal for a breach of the rule about committee membership.
Last edited by Bears Armed on Mon Aug 16, 2010 4:14 am, edited 1 time in total.
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Toraston
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Founded: Aug 06, 2010
Ex-Nation

Postby Toraston » Mon Aug 16, 2010 4:28 am

Bears Armed wrote:The members of Bears Armed Mission share the doubts that various of our foreign colleagues here have already raised about the desirability of this proposal, and about its current wording.
Additionally:


Toraston wrote:The Peoples of the World Assembled;

This should be "The World Assembly;".

All Banks which operate throughout the World

Illegal, seeks to affect non-WA nations.

Part III - the International Banking Union and its rights, responsibilities and Powers
The International Banking Union, being a Regulatory body for the Banking industry, will have the Powers of Regulation and issuing of Solvency Test Guidelines to Relevant National Authorities.
All Willing National Governments shall, by application, become Members of the International Banking Union.

Apparently illegal for a breach of the rule about committee membership.


tweaked
Tired of endless wars? Want to resolve things the Matlock-way? Request the IBL to set up a court case right away, to solve your problems, by some day, or some year.
Success not guaranteed.

It is necessary to expose the false propaganda of the imperialists and thoroughly dispel the illusion that the imperialists will give up their positions in the colonies and dependent countries with good will. It is wrong to try to avoid the struggle against imperialism under the pretext that independence and revolution are important, but that peace is still more precious. The oppressed peoples can liberate themselves only through struggle. This is a simple and clear truth confirmed by history.
~ Kim Il-Sung - Communism all the way!

I know what protectionism is
my political compass

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NERVUN
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Postby NERVUN » Mon Aug 16, 2010 5:15 am

*From over at the Secretariat's Desk, the current seat warmer ahems a bit at the current side debate about the WA*

OOC: Stay on target folks.
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Bears Armed
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Postby Bears Armed » Mon Aug 16, 2010 6:01 am

Toraston wrote:This Resolution, for the sake of simplicity, defines a "Bank" as a financial institution within a Nation.


*(giggles)*

"Oh, look, they're including nations' 'Treasury' departments within their definition of the term 'Banks'..."
:D

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Last edited by Bears Armed on Mon Aug 16, 2010 6:03 am, edited 2 times in total.
The Confrederated Clans (and other Confrederated Bodys) of the Free Bears of Bears Armed
(includes The Ursine NorthLands) Demonym = Bear[s]; adjective = ‘Urrsish’.
Population = just under 20 million. Economy = only Thriving. Average Life expectancy = c.60 years. If the nation is classified as 'Anarchy' there still is a [strictly limited] national government... and those aren't "biker gangs", they're traditional cross-Clan 'Warrior Societies', generally respected rather than feared.
Author of some GA Resolutions, via Bears Armed Mission; subject of an SC resolution.
Factbook. We have more than 70 MAPS. Visitors' Guide.
The IDU's WA Drafting Room is open to help you.
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Grays Harbor
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Postby Grays Harbor » Mon Aug 16, 2010 7:15 am

Goroslavia wrote:i actually just resigned from the WA as its pointless


You resigned? Over a draft which is still in the debate stage? One that hasn't been submitted for approval by delegates for approval? Or reached queue? Or been voted on by the WA membership? Or been passed? That is just a tad extreme and preemptive, I would believe.
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Grays Harbor
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Postby Grays Harbor » Mon Aug 16, 2010 7:17 am

This seems unwarranted micromanagement of national banking law to us. We can see no purpose to this beyond providing an additional layer of pointless regulation where one is not required.
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Flibbleites
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Postby Flibbleites » Mon Aug 16, 2010 8:28 am

Grays Harbor wrote:This seems unwarranted micromanagement of national banking law to us. We can see no purpose to this beyond providing an additional layer of pointless regulation where one is not required.

I concur, especially in the light that most banks in The Rogue Nation of Flibbleites don't operate internationally so why should an international organization be able to tell them how to operate?

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WA Representative

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The Ainocran Embassy
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Founded: Jul 26, 2010
Ex-Nation

Postby The Ainocran Embassy » Mon Aug 16, 2010 10:40 am

What about national level banks?

such as the Central Reserve Bank of Ainocra, if it fails who nationalizes it?

Would the regional government then be required to step in?
What about a Region's central bank?

Regardless of the answers to these important questions I must stand in opposition to this proposal.
There are simply too many disparate financial systems within the WA for such a set of regulations to be drawn up, much less to work effectively.
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Embolalia
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Ex-Nation

Postby Embolalia » Mon Aug 16, 2010 11:29 am

Toraston wrote:INTERNATIONAL BANKING CHARTER
PART I - PREAMBLE AND DEFINITION
The World Assembly;
Aware of the varying statuses and states of Banks throughout the World;
Good so far
Wishing to bring uniformity to the organization of Banks;
To their organization? Why? Who cares how they're organized, as long as they work?
Wishing to set down certain guidelines to which all banks should adhere;
Hereby introduces the International Banking Charter.
Not the usual format, but okay.
This Resolution, for the sake of simplicity, defines a "Bank" as a financial institution within a Nation.
A bit broad, don't you think? Besides, one could always be a pain and ask what a "financial institution" is...
PART II - THE CHARTER
All Banks which operate throughout the Countries of the World Assembly may only operate as Banks if they are registered with the National financial services Authority or similar.
And what is the "National financial services Authority"? What qualifies "similar"?
National Banks must be subjected to Solvency checks by either National Governments or Financial regulators at least once every three years. These tests shall be devised by the International Banking Union, a Regulator with the express aim of overseeing the Regulation of Banks and the upholding of this Charter.
What will the tests entail? Who are the financial regulators?
This Charter will invest in relevant authorities the powers of nationalizing a Bank should the Bank fail any solvency test.
Who are relevant authorities? What about banks that are already nationalized? Why is nationalization automatically considered better than allowing for their failure?
Part III - the International Banking Union and its rights, responsibilities and Powers
The International Banking Union, being a Regulatory body for the Banking industry, will have the Powers of Regulation and issuing of Solvency Test Guidelines to Relevant National Authorities. It shall have the power to decide on international banking policy in the time of crises if necessary.
Completely lacking any sort of definition. Obviously suggesting that nationalization is the ultimate end of a failed bank. Micromanaging fiscal policies that don't affect the international community. No thanks.
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Freeoplis
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Scandinavian Liberal Paradise

Postby Freeoplis » Mon Aug 16, 2010 5:56 pm

Toraston wrote:
Charlotte Ryberg wrote:
Freeoplis wrote:The above clauses we note are the essence of the proposal, all banks must be registered, have a solvency check carried out and if they fail such a check they are to be nationalized. In light of this we don't see such legislation as doing much or anything that National governments can 't do at a domestic level. If a bank goes under the decision must be made whether to bail it out or let it go under, nothing much will change under this proposal.

Complete with the optionality of membership in the organization this draft seems to do too little to be considered useful. What about the pyramid schemes? I think that would be more a important thing to be banned.


In that case, what clauses should be added?

Well for a start tackling the reasons why banks become insolvent would create a proposal which protects against it. A few examples would be to split the retail and investment sides of banks, retail holds the depositors money and is generally always profitable, the problem is when the investment side can gamble with those deposits at great risk, secondly setting a threshold for the ratio to which banks can lend in comparison to the actual money that they have deposited with them by customers, again this would create a certain level of capital within banks for when loans/mortgages default. These are some of the practical steps that would provide for a more substantial piece of legislation.
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Grays Harbor
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Postby Grays Harbor » Mon Aug 16, 2010 6:08 pm

Freeoplis wrote:
Toraston wrote:
Charlotte Ryberg wrote:
Freeoplis wrote:The above clauses we note are the essence of the proposal, all banks must be registered, have a solvency check carried out and if they fail such a check they are to be nationalized. In light of this we don't see such legislation as doing much or anything that National governments can 't do at a domestic level. If a bank goes under the decision must be made whether to bail it out or let it go under, nothing much will change under this proposal.

Complete with the optionality of membership in the organization this draft seems to do too little to be considered useful. What about the pyramid schemes? I think that would be more a important thing to be banned.


In that case, what clauses should be added?

Well for a start tackling the reasons why banks become insolvent would create a proposal which protects against it. A few examples would be to split the retail and investment sides of banks, retail holds the depositors money and is generally always profitable, the problem is when the investment side can gamble with those deposits at great risk, secondly setting a threshold for the ratio to which banks can lend in comparison to the actual money that they have deposited with them by customers, again this would create a certain level of capital within banks for when loans/mortgages default. These are some of the practical steps that would provide for a more substantial piece of legislation.


And yet still far too intrusive and micromanaging.
Everything you know about me is wrong. Or a rumor. Something like that.

Not Ta'veren

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