Law (Banking) 255

The First Security Bank (FSB) of Malta, Montana fall victim to a crime of credit card fraud, money laundering, and embezzlement. The crime stared a small city in Montano with a couple thousand, who was startled from the crime. The vice president of operation of the bank was a pillar of the community and the suspect of the bank’s crime. The scheme was committed over a long period of time. This crime weakens the foundation of the bank and possible may run it out of business. The committee was in a frenzy with the bank and the suspect about spending the community’s money. The shareholders gave the president “30 days to clean up the bank or pawn the bank off to another financial institution.” (Volz p.1) However, the bank pulls through the crisis and gains more customer as the business begins the recover period.

The Bank and the Banking sector is since a long time a significant point in the economy and in the private sector. Banking law is very important to regulate the relation between customer and bank. On the one hand it protects the interest of the bank and on the other hand also the rights of the customers that are in an inferior position. In both of them the customer- bank relation plays a very important role.

The nature of the banker-customer relationship is one of agency. Amongst the duties that stem from this relationship, the bank’s duty of confidentiality is clearly an issue of great importance. The focus of this essay is on the scope and limitations of the bank’s duty, both to its customers as to the public. In order to analyse this it is necessary to firstly consider the idea of duty of confidentiality, Secondly, it is necessary to study the Court of Appeal’s judgement in the case of Tournier. Thirdly, this essay will take the Jack Committee report into consideration. Lastly, this paper will briefly mention the Banking Code, it will also discuss whether the principle in Tournier may be outdated and if so, whether it is in need of a new crystallised self, clearly stating the limits and boundaries of the bank’s duties both to the customer and to the public itself in the form of a statute. To conclude this essay will consider the future of the duty of confidentiality.

To elaborate further, a banking representative is required to present or extend some kind of product referral after every conversation. The representative makes the referral and phrases something incorrectly. If the consumer misinterprets the information and later disputes the validity of a debt, a lawsuit will arise. Most of the time, if the expense is petty, a firm will pay out a demand without dispute. If the issue goes to court and is pursued, the conversation between the representative and the consumer will be reviewed and interpreted in favor of the consumer. As a result of common complacency issues, the government imposed regulations to reduce the frequency of claims. Preventing unnecessary suits, fees, or fines is a priority amongst all financial institutions and Sun Trust should have incorporated such external influences in their risk register along with contingencies to resolve the issues and implement preventative measures.

There are various categories of banking; these include retail banking, directly dealing with small businesses and persons. Commercial and Corporate banking which offers services to medium and large businesses (Koch & MacDonald 2010). Private banking, deals with individuals, offering them one on one service. The last category is investment banking. These help clients to raise capital and often invest in financial markets. Most global banking institutions provide all these services combined. With all these institutions in existence within the same localities and offering similar services, there is a need to regulate the industry so as to protect the consumer and provide fair working environment for all banks (Du & Girma, 2011).

- Most important grades you’ll ever get. Your credit score sets the interest rate on any money that your borrow.

Before the advent of the Federal Deposit Insurance Corporation (FDIC) in 1933 and the general conception of government safety nets, the United States banking industry was quite different than it is today. Depositors assumed substantial default risk and even the slightest changes in consumer confidence could result in complete turmoil within the banking world. In addition, bank managers had almost complete discretion over operations. However, today the financial system is among the most heavily government- regulated sectors of the U.S. economy. This drastic change in public policy resulted directly from the industry’s numerous pre-regulatory failures and major disruptions that produced severe economic and social

4. Discuss the tort action of “Interference with Contractual Relations and Participating in a Breach of Fiduciary duty” and, if the bank you’ve chosen were to behave as

The third case where the no access level could be applied in this business is customers and other third parties having access to computer passwords. Having access to this information is a potential threat to the bank because this can enable them in accessing crucial information about the bank. In some instances, some customers could log into the bank’s system and credit their accounts with huge sums of money. This will plunge the bank into huge losses that could lead to its closure. Furthermore, the bank can warn customers against sharing bank account information with other people. In case the credit card of a customer gets lost, the customer will be at risk of losing his or her money if a person who knows details of the card gets access to it.

Alexander Hamilton proposed using a banking system in America in 1781 after seeing how beneficial they were in other nations for advancing trade. In 1791, First Bank of the United States became the first commercial bank of the United States in Philadelphia, Pennsylvania. By the 1900’s, there were almost 170 banks per every million people in the United States, but because of this, there was a lot of debate about banking and the regulations needed and the fears that people had about the amount of control it was giving the government. This paper will be starting from the Great Depression and talk its way into the current situation of the United States banking regulations and why there is a debate on if there should be more or fewer regulations on banking.

Extensive research has determined that the banking industry is in an unstable state. The industry’s profits have

Banking products cannot be separated from the person (banker) who markets them. The product and the seller together constitute the

Lecture Sep 10 Topic and/or Reading Introduction – A substitute will take the instructor’s place this day. Readings: No assigned reading 1) Review of key business concepts relevant to banking; Sources of liability; forms of business organizations; Contract law and banking; guarantees and mortgages; floating charges, secured and unsecured creditors; the litigation process, insolvency issues. 2) The constitutional context and statutory framework Readings: Text, chapter 1 Casebook, pages 1-64 24 The Regulation of Banks and Banking in Canada Readings: Oct 1 Text, chapters 2, and 3

Over the last few decades, private banking has become one of the most important sectors among the financial services industries. Private banking has shown a significant growth during the last decade with increasingly changes as a result of the development of the clients’ economical and demographical needs and expectations. Accordingly, there was a diversification in terms of the products and services offered to customers.

on banks operation. The study covered 36 out of the 89 banks in the country as at the