التنظيم القانوني لضمان الودائع المصرفية

طلال هادي, أ.م.د. علي

doi:10.63677/jqlap.2023.180133

	التنظيم القانوني لضمان الودائع المصرفية
AL-Qadisiya Journal For Law and Political Sciences
Volume 14, Issue 1, May 2023, Pages 762-779 PDF (487.03 K)
DOI: 10.63677/jqlap.2023.180133
Author
أ.م.د. علي طلال هادي
AL-Qadisiya Journal
Abstract
Bank deposit are not modern banking operations، but have been there since the strating of the work of banking actives. Due to the increase in the public's dealing with bank desposit and the large number of banks and the matters caused by them such as the cases of wills or bankruptcy as a result of the failure of their financial position. The Iraq legislator oraganized guaranteeing the bank deposits under regulation no (3) of 2016، by authorizing the establishment of joint stock companies that are specialized in guaranteeing the bank desposit، for the purpose of enhancing public confidence in dealing with banks and opening bank desposits، whether by saving or term desposits، which would contribute to provide sufficint financial liquidity at banks and customer's reassurance that he recovers part of his desposit according to its monetary value even if the bank is exposed to a guarinaship or bankruptcy decision. However، the provisions of the aforementioned system contradict the provisions of the companies law no (21) of 1997 (as amended) in term of determining the capital and compulsory subscription for banks and board of directos، as the law is higher than the system and therefore the legal provisions of the system and those of the law should not contradict each other.
Keywords
Guarantee of bank deposits; bank credits; banking operations; financial control; capital

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