روش شناسی تدوین قانون بانکداری

Mirjalili, Seyed hossein (2011): روش شناسی تدوین قانون بانکداری. Published in: Banking Law No. 4 (18 March 2011): pp. 45-67.

Abstract

The background to drafting Iran’s Banking Law was rooted in the review of challenges arising from the Monetary and Banking Law of 1972 and the Law on Banking Operations of 1983. Taking into account three and a half decades of experience in implementing these laws, along with global developments in banking and comparative studies of banking legislation in other countries, the Banking Law of Iran was prepared. The chapters of the Banking Law are aligned with the life cycle of a bank, beginning with the conditions for establishing banks, followed by provisions on their organizational structure, operational requirements and modalities, supervision, prudential regulations, the deposit insurance fund, and, ultimately, the suspension, restructuring, bankruptcy, liquidation, and dissolution of banks. The scope of the law encompasses both domestic banks and regional banks. The linkage between the Banking Law and the Central Bank Law is established through the Supervisory Board of Banks. The Money and Credit Council has been divided into two boards: the Monetary and Banking Policy Board and the Supervisory Board. The law enumerates the specific instances of banking operations. In the supervisory model of the Banking Law, oversight is defined as a function of the Central Bank. Upon its approval in the Parliament, the Monetary and Banking Law (1972) and the Law on Banking Operations (1983) will be repealed.

• Item Type: MPRA Paper
• English Title: Methodology for Drafting Iran’s Banking Law
• Language: Persian
• Keywords: Banking Law, Central Bank, Deposit Insurance, Bank Supervision, Banking Bankruptcy.
• Subjects: G - Financial Economics > G2 - Financial Institutions and Services > G21 - Banks ; Depository Institutions ; Micro Finance Institutions ; Mortgages; K - Law and Economics > K3 - Other Substantive Areas of Law > K30 - General

References

• Monetary and Banking Law of Iran (1972).

• Law on Usury-Free Banking Operations (1983).

• Legal Bill on the Administration of Banks (1979).

• Central Bank of Iran, Council for Revision of Monetary and Banking Laws (2009). Draft Banking Law.

• Law on the Regulation of the Unorganized Money Market (2005).

• Law on the Establishment of Non-Governmental Banks (2000).