FEATURES OF LEGAL REGULATION OF BANKS OPERATIONS FROM TRUST MANAGEMENT BY FINANCIAL ACTIVES
Journal: LAW AND INNOVATIONS (Vol.1, No. 56)Publication Date: 2014-04-24
Authors : Glibko S.;
Page : 26-35
Keywords : trust management; fi nancial actives; bank operations; investment activity.;
Abstract
At the legal characteristic of investment activity of banks it is necessary to consider specifi c 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 fi nancial services which in the main features correspond to trust management by fi nancial actives. Research objective is the analysis of conditions of separate kinds of investment activity performance by banks on an example of fi nancial services group which can be referred to trust management by fi nancial 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 fi nancial actives are separate kinds of fi nancial services and in the majority the general for them is presence of legal relations under the constructive trust or management of property (fi nancial actives). Some advantages of banks don’t give necessary effect in the absence of accurate legal regulation and classifi cation of such group of fi nancial services as trust management by the fi nancial actives defi ned as separate service regarding point the fi rst article four law of Ukraine on ?About fi nancial services and state regulation of the markets of fi nancial services? that simultaneously can include such separate kinds of fi nancial 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 fi nancing 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 fi nancial actives almost by all kinds of trust management that doesn’t create stimulating infl uence 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 fi nancial actives should extend on all kinds of activity both on a securities market and in the market of investment services.
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