Features of legal regulation of banks operations from trust management by financial actives
Journal Title: Право та інновації - Year 2014, Vol 4, Issue 1
Abstract
At the legal characteristic of investment activity of banks it is necessary to consider specific features of separate kinds of investment activity and performance their by banks. Scientists analyzed questions of investment relations regulation, investment services, regulation of investment activity and the investment law, securities market regulation, investment individual questions in stock market and general problems of banks activity in this market. Not investigated there is an aspect of legal regulation of performance by banks at investment of financial services which in the main features correspond to trust management by financial actives. Research objective is the analysis of conditions of separate kinds of investment activity performance by banks on an example of financial services group which can be referred to trust management by financial actives. Especial feature of bank investment is presence of considerable capitals and conditions of bank activity which give advantages to acceptance of investments from banks, in this connection appeal to individuals which can join bank investment is formed. Services in trust management by financial actives are separate kinds of financial services and in the majority the general for them is presence of legal relations under the constructive trust or management of property (financial actives). Some advantages of banks don’t give necessary effect in the absence of accurate legal regulation and classification of such group of financial services as trust management by the financial actives defined as separate service regarding point the first article four law of Ukraine on "About financial services and state regulation of the markets of financial services" that simultaneously can include such separate kinds of financial services as: activity on management of securities; activity on management of actives - professional activity of stock market participant - the company on management of actives; management of property for financing of building objects and/or performance of operations with real estate; trust management of bank management assets funds; operations with mortgage actives. It is drawn a conclusion that is directly at normative regulation characteristic advantages of banks which can support services in trust management by financial actives almost by all kinds of trust management that doesn’t create stimulating influence on investment activity, including banks are not considered. For the purpose of an establishment of equal competitive conditions the unitary legal regulation on means and methods concerning bank and not bank trust management by financial actives should extend on all kinds of activity both on a securities market and in the market of investment services.
Authors and Affiliations
Sergiy Glibko
Keywords
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