Bibliographic citations
Ferrari, M., (2019). Los requerimientos de capital en la legislación bancaria del Perú, su relación con la salvaguarda de los recursos del público y los nuevos estándares de Basilea [Tesis, Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/13333
Ferrari, M., Los requerimientos de capital en la legislación bancaria del Perú, su relación con la salvaguarda de los recursos del público y los nuevos estándares de Basilea [Tesis]. PE: Pontificia Universidad Católica del Perú; 2019. http://hdl.handle.net/20.500.12404/13333
@mastersthesis{renati/537748,
title = "Los requerimientos de capital en la legislación bancaria del Perú, su relación con la salvaguarda de los recursos del público y los nuevos estándares de Basilea",
author = "Ferrari Quiñe, Mario Alberto",
publisher = "Pontificia Universidad Católica del Perú",
year = "2019"
}
The present work aims to demonstrate the bank´s capital requirements evolution in our national banking regulations, its relation with public resources safeguard and the effects of the new Basel Agreements standards proposed in relation to this matter. First we analyze how the function of the social capital was conceived in banks. The basis of this analysis, is the Banking Law, number 7159, approved in 1931, which in addition to assign to the capital the traditional functions of the commercial society´s law, assigned to capital a guarantee function to depositors and creditors. This role was reinforced by using capital as a parameter to determine the amount of obligations or money that could be taken from depositors and other creditors. By associating the bank´s capital with the size of its operations, banks had to increase its capital, to be able to grow in businesses; under the focus that as bigger was the capital, bigger was the guaranty offered by the bank to its depositors and creditors. Additionally, when minimum amounts of capital to operate a bank were fixed by law, other additional functions were assigned to the capital, to act as barrier to possible shareholders accessing to the activity, impose a minimum size to the company, and to determine the amount of money that the bank was able to take from depositors. However, as is analyzed in this paper, this original conception varied along the time as banking activities grew and increased its participation in countries economic life. Regulator´s concern was accentuated in the need to demand not only more capital to the banks, but a greater solvency as mechanism to protect depositors and creditors against risks. Basel Committee on Banking Supervision was created on 1974 as a result of the banking crisis of the seventies in the last century. This international organism proposed the establishment of mechanisms to reduce inequalities in competition among financial entities subject to different regulations in each country, also required minimum solvency levels. Since 1988 up today, the Basel Committee approved the BASEL Agreements I, II and III. They focused in requiring more patrimonial support to the banks in relation to its assets quality and the risks that they face, proposing better supervisory systems and banking regulations as essential mechanisms to improve the guaranty or coverage that banks must offer to its depositor and creditors. The final part of this work focuses in analyze how the Peruvian legislation is adopting these agreements. Our work ends with the questions that may arise as a consequence of its incorporation in our banking regulations
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