Bank Rating – Normative Banking Regulation in the Financial Market Crisis

Books

Oliver Everling and Karl-Heinz Goedeckemeyer (publisher): Banking Rating – Normative Banking Regulation in the Financial Market Crisis, 2nd Edition, Wiesbaden 2015, Springer Gabler, http://www.springer.com, Copyright Springer Fachmedien Wiesbaden 2004, 2015, ISBN 978- 3-8349-4734-5, DOI 10.1007 / 978-3-8349-4735-2, eBook ISBN 978-3-8349-4735-2, 529 pages.

Particularly after the financial market crisis, the serious, sound assessment of the creditworthiness of banks is of particular importance. High-ranking experts from various perspectives (banking, auditing, commercial law firms, rating agencies, management consultancy) provide competent, useful assistance in this work. Since the first edition of this book, a plethora of topics has been added, particularly concerning the regulation of banks. Bank ratings are being influenced by state regulations, as hardly ever before. Thus, the focus of the contributions of this editorial work shifted to the resulting issues.

The content:

  • Assessment aspects of the business strategies of European banks
  • Methods of business assessment of banks
  • Interpretation of the bank accounting
  • Implications of ratings for the valuation of banks and bank rating systems
  • Overall bank management and credit risk management
  • Banking regulation
  • Rating and financial market communication

Oliver Everling und Karl-Heinz Goedeckemeyer (Herausgeber): Bankenrating – Normative Bankenordnung in der Finanzmarktkrise, 2. Auflage, Wiesbaden 2015, Springer Gabler, http://www.springer.com, Copyright Springer Fachmedien Wiesbaden 2004, 2015, ISBN 978-3-8349-4734-5, DOI 10.1007/978-3-8349-4735-2, eBook ISBN 978–3-8349-4735-2, 529 Seiten.

Data for Bank Management Board Member’s Reputation Rating

Certifications, Criteria, Read, Registrations, Regulations

The German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin) provides some insights into what kind of data is used to establish a bank management board member’s reputation rating in its Guidance Notice on management board members. This is pursuant to the German Banking Act (Kreditwesengesetz – KWG), the German Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz – ZAG) and the German Capital Investment Code (Kapitalanlagegesetzbuch – KAGB).

On the form “Details of reputation, available time and additional mandates“, the management board member has to issue a personally signed and dated declaration providing information on any criminal proceedings and proceedings for administrative offences, decisions under trade law and insolvency or enforcement proceedings. The declaration need not include previously pending criminal proceedings that were terminated for lack of sufficient evidence to support the suspicion of a criminal offence. The same is true in the event that the proceedings were terminated because of a procedural bar.

The declaration need not include previously pending criminal proceedings which resulted in an acquittal or by virtue of which an entry in the Federal Central Criminal Register (Bundeszentralregister – BZR) was deleted or cancelled, or that are not required to be disclosed according to section 53 of the German Federal Central Register Act (Bundeszentralregistergesetz – BZRG).

Section 53 of the Act on the Central Criminal Register and the Educative Measures Register determines convicted person’s duty of disclosure: Convicted persons may refer to themselves as having no previous convictions and need not disclose the facts on which a conviction was based if the conviction does not have to be included in the certificate of good conduct or only in a certificate of good conduct in accordance with section 32 (3) or (4) BZR or is to be deleted. Insofar as courts or authorities have a right to the unrestricted disclosure of information, convicted persons may derive no rights from subsection (1) no. 1 vis-à-vis them if they are instructed about this fact.

Entries which must be deleted from the Central Trade and Industry Register under section 153 of the German Industrial Code (Gewerbeordnung – GewO) need not be mentioned. Section 153 determines that certain entries have to be deleted after a period of time of three years if the amount of the fine does not exceed 300 euros or five years in the other cases. If the register contains several entries, the deletion of an entry is only permissible if the period has expired for all entries. An entry to be deleted will be removed from the register one year after the requirements for the deletion have been met. During this time, no information may be given about the entry. If the entry in the register has been deleted or if it is to be deleted, the administrative offense and the fine decision may no longer be used to the detriment of the person concerned. This does not apply if the person concerned applies for admission to a trade or other economic enterprise, if the admission would otherwise lead to a considerable risk to the general public, or if the person concerned applies for the lifting of a business or other economic enterprise that prohibits the exercise of the trade Decision requested.

According to these stipulations, entries which must be deleted from the Central Trade and Industry Register under section 153 GewO need not be mentioned. On the other hand, criminal proceedings terminated under sections 153 and 153a of the German Code of Criminal Procedure (Strafprozessordnung – StPO) have to be indicated.

A termination under these provisions will not eliminate the assumption of innocence under criminal law; however, irrespective of this the circumstances of the case may give rise to indications for a lack of reputation, particularly in case of proceedings associated with punishable violations of relevant supervisory law, property- or insolvency-related criminal offences or tax offences.

Similar situations in other jurisdictions also have to be indicated. In case of doubt, the relevant division of BaFin should be contacted. These details have to be complete and accurate. In the case of any notifiable proceedings, copies of the rulings, decisions, sanctions, notices or other relevant documents have to be appended. BaFin reserves the right to obtain further information from the competent authorities, where necessary

For an assessment of possible conflicts of interest, on the form “Details of reputation, available time and additional mandates” the management board member must also declare any familial relationships with members of the management and the members of the administrative or supervisory body, both for the notifying undertaking and for its parent undertaking or subsidiary. If no details are provided on the form, this will be deemed a statement of “nil”.

On the form “Details of reputation, available time and additional mandates”, business relationships which could result in a certain degree of commercial dependence on the notifying undertaking have to be indicated as follows: Management board member, undertaking which is managed by the management board member, close relatives of the management board member = spouses, registered life partners, partners in a long-term relationship, children, parents, other relatives who belong to the household of the member. The relationships to the notifying undertaking, parent undertaking of the notifying undertaking and subsidiary of the notifying undertaking have to be disclosed. The nature of this relationship and the manner in which it is conducted have to be described. If no details are provided on the form, this will be deemed a statement of “nil”.

Bank Rating – Normative Banking Regulation in the Financial Market Crisis

Books

Oliver Everling and Karl-Heinz Goedeckemeyer (publisher): Banking Rating – Normative Banking Regulation in the Financial Market Crisis, 2nd Edition, Wiesbaden 2015, Springer Gabler, http://www.springer.com, Copyright Springer Fachmedien Wiesbaden 2004, 2015, ISBN 978- 3-8349-4734-5, DOI 10.1007 / 978-3-8349-4735-2, eBook ISBN 978-3-8349-4735-2, 529 pages.

Particularly after the financial market crisis, the serious, sound assessment of the creditworthiness of banks is of particular importance. High-ranking experts from various perspectives (banking, auditing, commercial law firms, rating agencies, management consultancy) provide competent, useful assistance in this work. Since the first edition of this book, a plethora of topics has been added, particularly concerning the regulation of banks. Bank ratings are being influenced by state regulations, as hardly ever before. Thus, the focus of the contributions of this editorial work shifted to the resulting issues.

The content:

  • Assessment aspects of the business strategies of European banks
  • Methods of business assessment of banks
  • Interpretation of the bank accounting
  • Implications of ratings for the valuation of banks and bank rating systems
  • Overall bank management and credit risk management
  • Banking regulation
  • Rating and financial market communication

Oliver Everling und Karl-Heinz Goedeckemeyer (Herausgeber): Bankenrating – Normative Bankenordnung in der Finanzmarktkrise, 2. Auflage, Wiesbaden 2015, Springer Gabler, http://www.springer.com, Copyright Springer Fachmedien Wiesbaden 2004, 2015, ISBN 978-3-8349-4734-5, DOI 10.1007/978-3-8349-4735-2, eBook ISBN 978–3-8349-4735-2, 529 Seiten.

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Next Generation Financial Services: The New Digital Power of Customers

Books

Oliver Everling and Robert Lempka (Publisher): Next Generation Financial Services: The New Digital Power of Customers, 1st Edition Frankfurt am Main 2013, Frankfurt School Verlag, 462 pages, ISBN 978-3-940913-62-3.

The Internet and the digital revolution have changed society and the economy on an unprecedented scale. After industries such as publishing or retail have been fundamentally reoriented in recent years, the financial sector is still lagging behind in this development. The book shows how the financial industry is changing and what new business models and opportunities are emerging.

This book is about presenting trends in the financial industry and presenting new business models made possible by the digital revolution and the resulting strengthening of the customer. It identifies adaptation processes and changes that the financial sector faces not only through the potential of the Internet, but also through the use of a wide range of different end-user devices that bank customers of the past will use to communicate with their financial service providers. As a scientifically founded and practice-oriented compendium, the book offers concrete benefits for investors and decision-makers.

It will address internet industry readers as well as bankers and other financial service providers, as well as rating agencies, venture capitalists, seed financiers, business angels, investors, consultants, headhunters, academics and business journalists.

Oliver Everling und Robert Lempka (Herausgeber): Finanzdienstleister der nächsten Generation: Die neue digitale Macht der Kunden, 1. Auflage Frankfurt am Main 2013, Frankfurt School Verlag, 462 Seiten, ISBN 978-3-940913-62-3.

Legal Issues in Ratings

Books, News, Notching, Platforms, Procedures, Registrations, Regulations, Repositories

Ann-Kristin Achleitner and Oliver Everling (Editor): Legal Issues in Ratings: Fundamentals and Implications of Ratings for Agencies, Investors and Companies Advised, Betriebswirtschaftlicher Verlag Th. Gabler, Wiesbaden 1st edition November 2005, http://www.gabler-verlag.de, hardcover, 470 pages, ISBN 3-409-14314-9.

The issuing of ratings by external rating agencies as well as internal ratings are of increasing relevance for the refinancing processes as well as for investment decisions on the part of investors. The book outlines the main legal implications of ratings for agencies, investors and rated companies.

Ann-Kristin Achleitner und Oliver Everling (Herausgeber): Rechtsfragen im Rating: Grundlagen und Implikationen von Ratings für Agenturen, Investoren und geratete Unternehmen, Betriebswirtschaftlicher Verlag Dr. Th. Gabler, Wiesbaden 1. Auflage November 2005, http://www.gabler-verlag.de, gebundene Ausgabe, 470 Seiten, ISBN 3-409-14314-9.

Bank Rating

Books

Oliver Everling and Karl-Heinz Goedeckemeyer (publisher): Bank Ratings: Banks under Scrutiny, Dr. Th. Gabler, Wiesbaden 1st edition April 2004, http://www.gabler-verlag.de, hardcover, 581 pages, ISBN 3-409-12513-2.

There is a close correlation between the rating of a bank or savings bank by a rating agency and the rating created by a credit institution: Only if the bank is able to correctly assess and manage its own risk potential can it receive a positive rating from a rating agency. This is of central importance, because credit rating agencies de facto dictate to banks on what conditions they can place financial instruments on the international money and capital markets and obtain capital and thus fulfill their economic functions.

In this anthology, renowned experts give a practical insight into the process of bank rating, explain prerequisites for a good rating and explain instruments and methods of risk identification and control. The book also provides impulses for the theoretical discussion of the role of rating agencies.

Oliver Everling und Karl-Heinz Goedeckemeyer (Herausgeber): Bankenrating: Kreditinstitute auf dem Prüfstand, Betriebswirtschaftlicher Verlag Dr. Th. Gabler, Wiesbaden 1. Auflage April 2004, http://www.gabler-verlag.de, gebundene Ausgabe, 581 Seiten, ISBN 3-409-12513-2.