Oct.26.2006

Japanese Bankers Association

Study Group on Legal Matters in Banking Publishes FY2005 Reports (only in Japanese)

The Study Group on Legal Matters in Banking (established by JBA and headed by Professor Emeritus Hitoshi Maeda of Gakushuin University) published reports based on their fiscal 2005 studies on October 27.

- Report of the First Subgroup: "Corporate Governance in Financial Groups"
The first subgroup (subgroup leader: Professor Shinsaku Iwahara, the University of Tokyo Graduate School for Law and Politics) discussed this issue from a legal perspective as the corporate governance of financial groups has emerged as an issue in the recent reorganizations of financial groups. The composition of the report is as follows.

Chapter 1:Regulations for Financial Conglomerates in the EU and UK
Chapter 2:Conflict of Interest Issues in Financial Groups
Chapter 3: Civil Responsibility of Directors in the Holding Company System
Chapter 4: Governance/Control of Subsidiaries by Holding Companies - Establishing the Right to Command via Contracts -
Chapter 5: The relationship between the Banking Law and Corporate Law concerning Control of Subsidiaries by Financial Holding Companies



- Report of the Second Subgroup: "Problems concerning Legislation of Collateral"
The second subgroup (subgroup leader: Professor Yoshihisa Nohmi, University of Tokyo Graduate School for Law and Politics) discussed problems in the current legislation of collateral with an eye on recent legislative developments to handle diversifying forms of collateral in financial transactions. The composition of the report is as follows.

Chapter 1:Fixed Security of Loans - Focusing on the Fixed Guaranty of Loans -
Chapter 2:Accompaniment of Fixed Security of Loans
Chapter 3: Putting Accounts up as Collateral
Chapter 4: Problems in the Substantive Laws concerning Security Trust
Chapter 5: Problems in the Civil Procedural Laws concerning Security Trust - Separation of Security Interest from Claim -
Chapter 6: 2005 Revision of the Secured Bonds Trust Law - Focusing on Bond Issuance and Establishing Security Interest -